A service member recovering from a serious wartime injury may face a long and difficultprocess that is both physically and emotionally challenging for all involved. Once the servicemember is out of harm’s way and receiving proper medical care, he or she must begin to considerthe future. During the healing process, service members and their families will face a host ofpractical issues ranging from themilitary disability evaluation system and continuation of militaryservice to the possible transition back into civilian life.

Fortunately, the United States Armed Forces, the Department of Veterans Affairs (VA) and anarray of other government and private organizations are committed to meeting the needs of ourwounded service members and helping them and their families through this difficult time. Inrecognition of their service and sacrifice, these organizations and federal and local laws provide anumber of benefits and rights for service members and their families to help with financial,medical, educational, employment and other needs.

The purpose of this handbook is to assist injured service members and their families by providinginformation about what lies ahead, an overview of resources at their disposal, and a discussion ofcertain issues they are likely to confront. It is designed to supplement the information provideddirectly by the various branches of the military, as well as governmental and nongovernmentalorganizations.

How to Use this Handbook

The information is presented in the form of responses to questions service members and theirfamilies are likely to have. It should serve as a starting point and a reference guide. It is not meantto be a source of authoritative information, to provide legal, financial or other advice, or toeliminate the need to seek advice from qualified professionals. Rather, each chapter contains listsof resources, including websites and telephone numbers, of organizations that can provide moreinformation and further assistance. Over time, some of the information in this handbook maybecome outdated. To ensure the most up-to-date information, please visit the websites listed ineach chapter as well as the websites of the organizations that published this handbook: theIntrepid Fallen Heroes Fund, www.fallenheroesfund.org, and the Wounded Warrior Project,www.woundedwarriorproject.org.

Service members are strongly encouraged to share this handbook with their families and tocontinually refer to it as different issues become relevant over time. In addition, they shouldmaintain detailed records of all medical treatment received, meetings attended and any other

INTRODUCTION

actions taken regarding the rights and benefits referred to in this handbook. For example, whenmaking a telephone call, the caller should record the name, title and contact information of theperson with whom he or she spoke, the date and time of the call and a summary of the mattersdiscussed. Similarly, copies of all written correspondence, both sent and received, should beretained. Family members should be prepared to assist service members with these types of tasksduring the recovery process.

The Intrepid Fallen Heroes Fund, the Wounded Warrior Project, and Davis Polk & Wardwell,who prepared this handbook on their behalf, have published this handbook for informationalpurposes only. While we hope and believe that it will be a valuable and helpful resource, it isprovided solely as a source of general background information. We do not warrant that thehandbook is complete or that all the information is accurate. In addition, the handbook may notapply to the factual or legal situation that a particular readermay face. In any event, the handbookdoes not constitute legal advice and should not be relied upon as such. Davis Polk & Wardwellrenders legal advice only after compliance with certain procedures for accepting clients and whenit is legally permitted to do so. Readers are strongly encouraged to seek advice from professionallegal and financial advisers before acting upon information contained in this handbook. If youhave questions with respect to any of the topics discussed in this handbook, please contact theIntrepid Fallen Heroes Fund at (800) 340-HERO (4376) or info@fallenheroesfund.org or theWounded Warrior Project at (904) 296-7350 or info@woundedwarriorproject.org.

II

Intrepid Fallen Heroes Fund

Wounded Warrior Project

and

Davis Polk &Wardwell

July 2007

HANDBOOK SUMMARY

IIIwww.woundedwarriorproject.org

This handbook is divided into the following 11 chapters:

Chapter1: ImmediateConcerns: ImportantDocuments,FamilyTraveland ImmediateFinancialAssistance. This chapter describes various issuesthat arise at the earliest stages of the recovery process and how to address them.It begins by briefly discussing the important documentation service membersshould have available when receiving medical treatment for serious injuries.Next, it discusses assistance available for immediate family members who wishto visit service members receiving treatment at military medical facilities – bothgovernment benefits that help cover travel costs as well as discounted orfree transportation and lodging available through private organizations. This isfollowed by a brief description of family members’ legal right to time off fromwork to visit and care for injured service members. In addition, the latter partsof this chapter describe how the military helps service members and theirfamilies meet immediate financial needs by continuing to pay service members’regular salaries and providing large lump-sum payments of up to $100,000 tothose covered by the new

Chapter 2: The Disability Evaluation System. This chapter contains infor-mation about the process the military uses to evaluate a service member’s med-ical condition and determine his or her ability to continue military service.Chapter 2 explains the service member’s rights during two major stages of theprocess – the Medical Evaluation Board (MEB) and Physical Evaluation Board(PEB) – as well as how these Boards make decisions and the various possibleoutcomes for the service member.

Chapter 3: The Disability Rating System. This chapter provides a moredetailed description of the criteria that both the military and the VA use toassign disability ratings to service members. The military’s rating (based onability to perform the required tasks for military service) determines whetherthe service member is eligible to receive disability retirement pay (instead ofjust severance pay). A separate rating from the VA (based on the overall severityof the service member’s medical condition) determines eligibility for separateVA disability benefits.

Chapter 4: DoD and VA Disability Compensation. This chapter containsinformation on the different types of disability benefits and other forms ofcompensation available from the DoD and the VA. These include severancepay and disability retirement pay for those separating from the armed forces,VA disability benefits and VA disability pension.

Chapter 5: Health Care: Medical, Psychological and Dental CareCoverage. This chapter offers a detailed description of coverage available todischarged service members, their spouses and dependents. It also containsbasic information about federal benefits available under the Medicare andMedicaid programs.

Chapter 6: Education and Employment Benefits. This chapter containsinformation for veterans planning to pursue higher education or reenter theworkforce following their military service. Veterans may be eligible for monthlybenefits toward earning a degree or other career training through theMontgomery GI Bill and related federal programs. The federal Survivors’and Dependents’ Educational Assistance Program (DEA) and numerousorganizations provide similar benefits and scholarships for servicemembers andtheir families. Veterans seeking to reenter the workforce may benefit from themilitary’s Transition Assistance Program (TAP), the VA’s VocationalRehabilitation & Employment Service (VR&E), the federal government’sVeterans Preference Program or a number of other state and federal programs.Chapter 6 also contains a list of general employment resources for servicemembers and their families.

Chapter 7: Miscellaneous Federal Benefits. This chapter describesvarious special benefits available to service members and their families from thefederal government. The list includes: Social Security disability benefits, grantsto purchase special equipment or make modifications to disabled veterans’homes and automobiles, Service-Disabled Veterans Life Insurance, VA homeloan benefits andThrift Savings Plans (TSPs) to help save for retirement. Someof these benefits are available only to disabled veterans and others are availableregardless of disability status.

Chapter 8: Federal Tax Issues. This chapter presents general informationabout certain federal income tax rules that may be relevant to militarypersonnel, disabled service members, their spouses and families. After somebasic information about how to file a tax return on behalf of an injured servicemember, the chapter goes on to describe tax benefits for service members,some of which are based on disability status. The end of chapter 8 providesinformation for those seeking specific tax advice and assistance in resolvingtax matters.

IV

V

Chapter 9: Legal Rights. This chapter gives a basic summary of certain feder-al laws that create special rights for service members and their families. TheUniformed Services Employment and Reemployment Rights Act (USERRA)and the Servicemembers Civil Relief Act (SCRA) provide importantprotections by guaranteeing reemployment and reinstatement of health carecoverage upon return from service as well as other rights relating toemployment, health insurance, homemortgage and other loans and automobileleases and loans. The SCRA also prohibits certain legal actions against servicemembers while they are away performing military service. Chapter 9 alsodescribes the Family and Medical Leave Act (FMLA), which guaranteesemployees unpaid leave to care for sick family members, as well as theAmericans with Disabilities Act (ADA), which prohibits disability-baseddiscrimination and may be of interest to disabled veterans.

Chapter 10: Legal Assistance. This chapter provides information on legalrepresentation and tips on hiring and having discussions with a lawyer. Itcontains a list of useful resources for service members and families looking foran attorney. Chapter 10 also includes information for veterans and theirdependents who need assistance filing claims for VA benefits. The discussioncovers the process for appealing VA determinations when benefits are denied orawarded benefits are considered insufficient. The chapter ends with a list ofveterans’ service organizations (VSOs) that can help prepare applications forVA benefits and represent veterans and their dependents before the Boardof Veterans’ Appeals (BVA) and the United States Court of Appeals forVeterans Claims (USCAVC).

Chapter 11: State Resources. This chapter provides brief descriptions ofcertain benefits available to service members through state governments as wellas other resources at the state level. It contains information relating to eachstate’s department of veterans affairs, military service-related education benefitsand tax authority.

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .i

HANDBOOK SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii

CHAPTER 1: IMMEDIATE CONCERNS: IMPORTANT DOCUMENTS,FAMILY TRAVEL AND IMMEDIATE FINANCIAL ASSISTANCE . . . . . . . . . . . . . . . . . . . . .1

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

IMPORTANT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

THE MILITARY’S TRAVEL ASSISTANCE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3

THE FISHER HOUSE FOUNDATION AND THE HERO MILES PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . .7

AIRLINE SPECIAL ASSISTANCE PROGRAMS FOR FAMILIES OF INJURED SERVICE MEMBERS . . . . . . . . .10

ADDITIONAL TRAVEL RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

TIME OFF FROMWORK TO CARE FOR FAMILY MEMBERS:THE FAMILY AND MEDICAL LEAVE ACT (FMLA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

FINANCIAL ASSISTANCE: TRAUMATIC INJURY INSURANCE UNDERSERVICE MEMBERS’ GROUP LIFE INSURANCE (TSGLI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

SALARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

CHAPTER 2: THE DISABILITY EVALUATION SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

THE MEDICAL EVALUATION BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

THE PHYSICAL EVALUATION BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

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VII

CHAPTER 3: THE DISABILITY RATING SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29

THE VETERANS ADMINISTRATION SCHEDULE FOR RATING DISABILITIES . . . . . . . . . . . . . . . . . . . . . . .29

DIFFERENCES BETWEEN MILITARY AND VA DISABILITY RATINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30

PEB DISABILITY RATING ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30

CHAPTER 4: DOD AND VA DISABILITY COMPENSATION . . . . . . . . . . . . . . . . . . . . . . .32

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

SEVERANCE PAY AND DISABILITY RETIREMENT PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

VA DISABILITY BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

CONCURRENT RECEIPT PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

VA DISABILITY PENSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39

CHAPTER 5: HEALTH CARE: MEDICAL, PSYCHOLOGICAL ANDDENTAL CARE COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

PROGRAMS FOR SERVICE MEMBERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

Health Care Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41Mental Health Care Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46Readjustment Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47Dental Care Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48

PROGRAMS FOR SPOUSES AND DEPENDENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48Health Care Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48Mental Health Care Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49Dental Care Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

MEDICARE AND MEDICAID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50

TABLE OF CONTENTS (CONT’D)

VIII

CHAPTER 6: EDUCATION AND EMPLOYMENT BENEFITS . . . . . . . . . . . . . . . . . . . . . . .52

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52

MONTGOMERY GI BILL (GI BILL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53

CHAPTER 1607 BENEFITS – THE RESERVE EDUCATIONAL ASSISTANCE PROGRAM (REAP) . . . . . .57Multiple Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58

STATE EDUCATIONAL BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59

EDUCATIONAL PROGRAMS FOR SERVICE MEMBERS’ FAMILIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59

EMPLOYMENT BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62Transition Assistance Program (TAP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62

VOCATIONAL REHABILITATION & EMPLOYMENT (VR&E) SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . .63

VETERANS’ PREFERENCE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65

REEMPLOYMENT AT PRE-DEPLOYMENT JOBS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68

EMPLOYMENT RESOURCES FOR FAMILIES OF DISABLED VETERANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69

OTHER VETERAN RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69

GENERAL ONLINE JOB DATABASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70

CHAPTER 7: MISCELLANEOUS FEDERAL BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71

SOCIAL SECURITY DISABILITY BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71

AUTOMOBILE AND SPECIAL ADAPTIVE EQUIPMENT GRANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75

THRIFT SAVINGS PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76

SERVICE-DISABLED VETERANS LIFE INSURANCE (S-DVI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77

HOUSING GRANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79

TABLE OF CONTENTS (CONT’D)

IX

CHAPTER 8: FEDERAL TAX ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81

TAX BASICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81

INCOME TAX RETURNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82

FILING RETURNS ON BEHALF OF DISABLED VETERANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83

EXCLUSIONS—THE COMBAT ZONE EXCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84

DEDUCTIONS AND CREDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85Medical Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85Disability-Related Home Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85Tax Credit for the Disabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85

EMPLOYER/EMPLOYEE TAX CREDITS AND DEDUCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86Disabled Access Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86Impairment-Related Work Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86Financial Assistance Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87Education and Employment Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87

PAYING FOR DISABILITY-RELATED EXPENSES WITH RETIREMENT FUNDS . . . . . . . . . . . . . . . . . . . . . . .88Individual Retirement Accounts (IRAs) and 401(k) Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88Thrift Savings Plans (TSPs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89Getting Additional Tax Help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90

CHAPTER 9: LEGAL RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91

THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) . . . . . .92

THE AMERICANS WITH DISABILITIES ACT (ADA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96

TAKING LEAVE FOR MEDICAL CARE: THE FAMILY AND MEDICAL LEAVE ACT (FMLA) . . . . . . . . .98

THE SERVICEMEMBERS CIVIL RELIEF ACT (SCRA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102

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CHAPTER 10: LEGAL ASSISTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105

THE ROLE OF A LAWYER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105

ENGAGING A LAWYER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106

OBTAINING LEGAL ASSISTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108Military Legal Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108Civilian Legal Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109Low Cost and Free Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109

FULL FEE LEGAL SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110

ASSISTANCE WITH CLAIMS FOR VA BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111

CHAPTER 11: STATE RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119

STATE BY STATE RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120

TABLE OF ACRONYMS AND ABBREVIATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .127

WHO WE ARE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134

THE INTREPID FALLEN HEROES FUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134

THE WOUNDED WARRIOR PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135

DAVIS POLK &WARDWELL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .136

SPECIAL ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .136

TABLE OF CONTENTS (CONT’D)

XI

CHAPTER 1:IMMEDIATE CONCERNS: IMPORTANTDOCUMENTS, FAMILY TRAVEL ANDIMMEDIATE FINANCIAL ASSISTANCE

Introduction

The primary concern for all wounded service members is making sure they receivemedical attention and the best treatment possible. Depending on the severity of aservice member’s injuries, his or her condition may be subject to sudden and dramaticchanges. The first step in preparing for any issues that may arise is to have certaindocuments available as soon as possible: a health care proxy, a power of attorney,advanced medical directives (also called a “living will”), the service member’s last willand testament and copies of any outstanding life insurance policies.

Injured service members are often treated at medical facilities a great distance away fromtheir homes. The military recognizes the benefits of a family’s visit while a service mem-ber recuperates and often provides assistance in transporting family members to thefacility where the service member is recuperating. In addition, a number of privateorganizations provide further travel assistance to qualified family members. Theseorganizations include the Fisher House Foundation, which provides free or low-costlodgings at Fisher Houses located on the grounds of military and VA medical centersthroughout the country, as well as free airline tickets through its HeroMiles program. Inaddition, family members who need time off fromwork to be with a recuperating servicemember may benefit from the Family andMedical Leave Act (FMLA), a federal law thatguarantees many workers up to 12 weeks of unpaid leave during a 12-month period tocare for family members suffering from serious medical conditions.

The financial consequences of an injury are generally not the first concern for servicemembers and their families. However, understanding the various benefits available toassist with financial needs is an important part of the recovery process. Servicemembers,including reservists, may continue to receive full pay while recovering from injury andawaiting a medical evaluation. In addition, a new program called TraumaticServicemembers’ Group Life Insurance (TSGLI) provides qualified service memberswith up to $100,000 of assistance in the direct aftermath of a severe injury. Coverage isretroactive to qualifying service members who suffered traumatic injuries in Iraq andAfghanistan on or after October 7, 2001.

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Important DocumentsWhy is it important for service members to have legal documents availableduring the recovery process?

The process of recovering from a serious injury can be long and unpredictable.In addition, many of the surgeries and medical procedures recommended for recoveryinclude some risk that a service member will become temporarily or permanentlyincapacitated. While incapacitated, a servicemember will be unable tomanage his or herown affairs andmay need others tomake decisions about personal, financial andmedicalmatters. Taking the time to gather and prepare the proper documents in advance allowsservice members to choose people to act on their behalf, to make their wishes known totheir loved ones and, if they wish, to give legally binding instructions. While it may beuncomfortable to talk about certain possibilities, doing so in advance may help avoidconflict and allow for quick and decisive action in the event of an emergency.

What types of documents should injured service members have prepared?

Service members and their relatives should try to locate identification documents suchas birth certificates, marriage certificates and any other similar documents that canverify family relationships as soon as possible once medical treatment has begun. Thesedocuments may become important when dealing with insurance companies, financialinstitutions and government agencies. It is a good idea to keep the originals of thesedocuments in a safe place together with other important documents and to keep copiesin a second, easily accessible place in case the service member or a relative needs accessto them at any point. In addition, certain documents empowering others to act on aservice member’s behalf, such as a financial power of attorney, a health care advancedirective or a living will, should be made available in case the service member becomesunable to make decisions or to communicate his or her wishes to others. Thesedocuments are discussed inmore detail below. Finally, all servicemembers shouldmakesure they have a legally valid will and should review the beneficiary designation forms forany life insurance policies they have to make sure they are current and accurate.

What is a financial power of attorney?

Afinancial power of attorney is a legal document bywhich one person gives another personthe authority to act in his or her place regarding financial affairs. For example, a financialpower of attorney empowers one person to sign a binding contract on behalf of anotherperson. The person who signs the power of attorney is called the principal or grantor, andthe person who gains rights to act under the power of attorney is called the attorney-in-fact.Service members are often encouraged to grant powers of attorney prior to deployment toenable a spouse or other family member to manage their affairs while they are away.

A financial power of attorney can be general – giving the attorney-in-fact unlimitedauthority over the principal’s affairs – or limited to specific actions, such as filing taxreturns or signing insurance forms. Powers of attorney may be limited to a specific periodof time or may extend until the death of the principal or until revocation. A power ofattorney must be “durable,” however, in order to remain valid if the principal becomesincapacitated – for example, if the principal falls into a coma or suffers severe brain damage.Depending on the nature of a service member’s condition, it may be advisable for him orher to sign a durable power of attorney, be it general or limited.

Certain qualifying members ofa service member’s family maybe eligible for military travelorders to the service member’smedical treatment facility andper diem to cover certainexpenses. The Joint FederalTravel Regulations paragraphU5246 governs family travelassistance. Information onthese regulations is available atwww.ramstein.af.mil/library/factsheets/factsheet.asp?id=5021. Additional informationshould be available through theFamily Assistance Center at themilitary treatment facility wherethe service member is located.

The Caring Connections web-site contains information aboutliving wills, health care proxiesand other useful planning toolsand resources. Please visitwww.caringinfo.org for moreinformation.

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Most powers of attorney become effective immediately when signed by the principal.There is also the option, however, to use a “springing” power of attorney that onlybecomes effective after a designated event, such as travel overseas or incapacity. Therules regarding powers of attorney vary by state. In addition, some banks and financialinstitutions require the attorney-in-fact to present an original power of attorney, so itis often advisable to execute multiple original documents. Service members and theirfamilies should consult a legal professional when preparing a power of attorney.

What is a health care advance directive?

A health care advance directive, sometimes called a health care proxy or medical power ofattorney, is a form that designates someone as an agent to make health care decisions onbehalf of a person in the event that he or she becomes unable to do so. A service membermay also use a health care advance directive to list limitations regarding which types oftreatment he or she is willing to receive. Health care advance directives often becomeimportant in situations when a service member is unconscious and a physician requiresauthorization to perform certain procedures. In the absence of a health care advancedirective, these decisions will fall to a service member’s spouse, parents or next of kin,depending on state law. Signing a health care proxymay avoid conflict in situations whenstate law is unclear or familymembersmight disagree on the appropriate course of action.

What is a living will? How is that different from a last will andtestament?

A living will is a document directing a physician to refrain from taking lifesavingmeasures (such as CPR), or to remove life-sustaining treatment (such as a feeding tube)under certain conditions, such as a permanent coma following brain death. In theabsence of a living will or other intervention, doctors are bound to use all available life-sustaining and lifesaving measures to keep a patient alive.

A last will and testament governs the distribution of a person’s property after he or shedies. The laws about what constitutes a valid will are complex, and they vary by state. Aservice member who wishes to create a will or modify an existing will should consult aqualified legal professional.

What should service members who do not have all of these documents do toobtain them?

Creating these documents often involves making difficult personal decisions and alsorequires legal expertise. Service members who wish to create a will or sign a power ofattorney, health care advance directive or living will should consult a qualified legalprofessional. For more information on finding someone who can assist in drafting legaldocuments, see Chapter 10, Legal Assistance.

TheMilitary’s Travel Assistance ProgramWhat visitation rights and travel assistance are available to families ofinjured service members?

If the service member is not seriously injured or at risk of imminent death, but is expectedto remain hospitalized as an inpatient due to combat-related injuries, up to threequalifying family members may be issued invitational travel orders (ITOs) and provided

Family members that qualify foran ITO are limited to:

› spouses

› children

› siblings

› parents

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round-trip transportation to the medical facility in the Continental United States(CONUS) where the injured or ill service member is being treated. The traveling familymembers may also be provided up to 30 days of per diem (discussed below) to covercertain expenses.

If the service member is seriously ill or injured or at risk of imminent death, up to threequalifying family members may be issued ITOs and provided round-trip transportationto the medical facility anywhere in the world where the injured or ill service member isbeing treated. The traveling family members will also be provided per diem (discussedbelow) to cover certain expenses.

“Seriously ill or injured” means that the service member’s condition is so severe thatthere is cause for immediate concern, but there is no immediate danger to life.

In extenuating circumstances, the military may authorize transportation and per diem tocover certain expenses formore than three qualifying familymembers. However, under allcircumstances, only certain family members are eligible for travel to the medical facility.

Regardless of the severity of the servicemember’smedical condition, an ITOmustbe issued to the qualifying familymember before travel in order for the expenses tobe reimbursable.

Which family members qualify so that they may visit through an ITO?

The family members who may visit an injured service member under an ITO are limitedto the service member’s spouse, children (including step, adoptive and out-of-wedlockchildren) and the service member’s siblings and parents (including fathers andmothersthrough adoption, but only one father and one mother or their counterparts maybe allowed).

How does a family member request an ITO?

Family members may not request an ITO; rather, the service member’s attendingphysician generally initiates a request for an ITO if the presence of family members isconsidered necessary to aid in the physical recovery of the patient. Requests made bythe families of service members will not be considered. The military treatmentfacility must complete a DA Form 2984, Very Seriously Ill/Seriously Ill/Special CategoryPatient Report, which must be signed by the attending doctor or hospital commander.The ITO generally will be approved if the service member has qualifying familymembers eligible to receive family travel assistance.

How are family members informed of their receipt of an ITO?

If the service member’s attending physician authorizes an ITO, the military will contactthe family members via telephone to inform them of the ITO. The military coordinateswith the family to try to arrange the most convenient travel for them. The militaryhandles making the relevant reservations (plane, train, hotel, etc.). The military alsosends the family members a copy of the ITO and provides the family members withinformation on how to record their expenses so that they may later submit a claim forany additional travel expenses.

“Reserve Components” is thecollective term used to refer toseven individual reserve com-ponents of the armed forces:

› the Air Force Reserve

› the Air NationalGuard

› the Army NationalGuard

› the Army Reserve

› the Coast GuardReserve

› the Marine CorpsReserve

› the Navy Reserve.

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How long may family members visit a service member under an ITO?

Typically, ITOs allow family members to visit an injured or ill service member for aninitial period of 21 days. The service member’s attending physician can then extend theduration of the ITO.

Are there limitations on the categories of service members who are eligible toreceive family travel assistance?

Yes. However, as described above, only active duty service members, includingmembers of the “Reserve Components” on active duty (also referred to as “ReserveComponent service members”), who are seriously injured or ill or at risk of imminentdeath, generally are eligible to receive family visitation anywhere in the world. If aservice member is not seriously injured or ill, but has a combat related injury orillness, is hospitalized in CONUS and is expected to be hospitalized for more than threemonths, he or she is also eligible for family visitation. In addition, the followingcategories of service members are eligible for a family visitation:

› Reserve Component service members entitled to disability pay andallowances, who are physically disabled as the result of an injury, illness,or disease, or in a situation of imminent death, and who are hospitalizedin a medical facility anywhere in the world if the illness, injury or diseaseoccurred:

» while performing inactive duty training (other than work or study inconnection with a correspondence course of the military service orattendance in an inactive status at an educational institution under thesponsorship of the Public Health Service), or

» while traveling directly to or from such training.

› Service members retired from military service due to illness or injury,or as a result of a declaration of imminent death, and who are hospitalizedin a medical facility anywhere in the world.

What travel benefits are provided?

The nature and extent of travel benefits depend on whether the family member is aservice member, a government civilian employee or a civilian. If the family member is a:

› Uniformed service member: He or she may be eligible for TemporaryDuty Orders (TDY), with travel and transportation allowances.

› Governmentcivilianemployee: He or shemay receive allowances providedin regulations issued by the employee’s agency or department for TDY.

› Other civilians: He or she may receive transportation, per diem andreimbursable expenses.

What are the rules regarding transportation expenses?

If an ITO is issued, tickets for commercial or government transportation, reimbursementfor the cost of commercial transportation paid for by the family member, and/or reimbursement at the government automobile mileage rate for the official distancetraveled by privately owned conveyance (POC) may be provided between the familymember’s home and themedical facility locationwhere the servicemember is hospitalized.

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What are the rules regarding per diem?

Per diem often will be paid to family members traveling under ITOs and while visitinga service member at the treatment facility. Per diem, which means “per day,” is anallowance intended to compensate for certain costs away from home. It is a fixed,maximum amount of money that the government will reimburse for expenses such aslodging, meals and miscellaneous expenses. Individuals traveling under ITO ordersshould save all their receipts to ensure proper reimbursement. Receipts are required forexpenses over $75.

What is the per diem rate?

The standard CONUS per diem rate is $99 per day. Per diem rates for non-ContinentalU.S. states, overseas and foreign locations are available at https://secureapp2.hqda.pentagon.mil/perdiem/perdiemrates.html (note that the “https” must be used). InMay2007, the maximum per diem rate for Landstuhl, Germany, was $290 per day.

What types of expenses are reimbursable?

In addition to lodging andmeals, reimbursable expensesmay include the cost of traveler’schecks, money orders, or certified checks; transaction fees for ATM use; fees forpassports and visas; cost of birth certificates; taxes on lodging; fees for currencyconversion; and similar travel and transportation-related expenses. Only expensesincurred while under an ITOwill be reimbursed. Some ITOs only cover limited expensessuch as transportation, lodging and meals. Other incidental expenses, such as thoselisted above, may not be reimbursable. Families should carefully review their ITOs todetermine what expenses are reimbursable.

Where can family members stay while visiting a service member?

When traveling pursuant to an ITO, the family members’ lodging will be arranged by themilitary prior to commencement of their travel. Families are typically housed in a localhotel, military installation guest quarters or a Fisher House, if one is available. See thediscussion under the section titled “The Fisher House Foundation and the Hero MilesProgram” below for more information regarding Fisher Houses.

Are there any restrictions on international travel under an ITO?

In general, ITOs for international travel are only issued to qualifying family members ifa service member is seriously injured or ill or at risk of imminent death. Regardless of aservice member’s medical condition, travel to a hostile fire zone is not permitted underan ITO. The service member must first be transferred to a medical treatment facility ina non-hostile fire zone before visitation by family members is permitted.

What class of transportation and lodging can be used when under an ITO?

Family members generally must use economy-class transportation and lodging unlessotherwise authorized in advance of travel. However, premium-class lodging may beapproved if necessitated by medical disability or special medical needs.

Generally, the military will provide family members with the cheapest transportationand lodging available. The ITO will include an actual subsistence expense allowance(AEA) amount for lodging. Family members may wish to spend more on lodging, butthe AEA amount is the maximum amount that the military will reimburse.

For more information about theHero Miles Program, visitwww.heromiles.org.

For more information aboutFisher Houses and how toobtain the Hero Miles Programrequest forms, visit www.fisherhouse.org, or call (888) 294-8560 or write 1401 RockvillePike, Suite 600, Rockville,MD 20852.

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The Fisher House Foundation and the HeroMiles ProgramWhere should family members of injured or ill service members seek assistanceif their ITOs do not cover lodging or if they are ineligible for ITOs?

Family members whose ITOs don’t cover lodging or who are ineligible for ITOs may beable to obtain lodging and transportation through the Fisher House Foundation and theHero Miles Program.

The Fisher House Foundation is a not-for-profit organization that provides free or low-cost housing at Fisher Houses run by the organization for families of patients receivingmedical care at many major military and Veterans Administration (VA) MedicalCenters. Family members must meet certain requirements to be eligible to stay at aFisher House. The eligibility requirements generally differ from those of an ITO andthey are set by the local medical treatment facility and/or installation commander. Theavailability of space is not guaranteed.

Through its Hero Miles Program, the Fisher House Foundation makes airline ticketsavailable to military personnel undergoing treatment at a military medical center or VAmedical center incident to their service in Iraq, Afghanistan and the surrounding area.Qualifying servicemen and servicewomen may be given free round-trip tickets on anumber of major airlines to enable their family or close friends to visit them while theyare in treatment.

What are Fisher Houses?

A Fisher House is “a home away from home” for families of patients receiving medicalcare at many major military and VA medical centers. A Fisher House is a temporaryresidence for familymembers and is not a treatment facility, hospice or counseling center.

The homes are normally locatedwithinwalking distance of the treatment facility or providetransportation alternatives to the treatment facility. There are 35 Fisher Houses locatedon 18 military installations and eight VA medical centers.

Typically, the houses are 5,000 to 16,000 square-foot homes donated by the Fisherfamily and Fisher House Foundation. Each house is designed to provide eight to 21suites. All are professionally furnished and decorated in the tone and style of the localregion. The houses can accommodate 16 to 42 family members. They feature a com-mon kitchen, laundry facilities, spacious dining room and an inviting living room withlibrary, and toys for children.

Who is eligible to stay at a Fisher House?

Local medical treatment facilities and/or installation commanders establish eligibilitycriteria for each Fisher House. For a referral, the servicemember’s family should contactthe service member’s physician, nurse, social worker, chaplain, or other medicaltreatment facility staff worker. Depending on the turnover rate and waiting list, availabilitymight be limited to families of inpatients with life-threatening illnesses. A family’sincome and distance from home might also be considered.

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How much does it cost to stay at a Fisher House?

Families of casualties from Operation Iraqi Freedom and Operation Enduring Freedomdo not pay for lodging. Otherwise, the cost to stay at each Fisher House varies bylocation. However, the cost per family per day is typically nominal (approximately $10),and many of the Fisher Houses are free of charge.

How can family members of injured or ill service members contactFisher Houses?

CALIFORNIA

David Grant USAF Medical Center(Travis AFB)100 Bodin CircleTravis AFB, CA 94535(707) 423-7550 Fax (707) 423-7552Manager: Charlene HallEmail: charlene.hall@60dmg.travis.af.mil

Naval Medical Center, San Diego34800 Bob Wilson DriveBuilding 46San Diego, CA 92134-5000(619) 532-9055 Fax (619) 532-5216Manager: Belle EspositoEmail: sdfisherhouse@sbcglobal.net

Palo Alto VA Health Care System3801 Miranda Ave.Palo Alto, CA 94304(650) 493-5000, ext. 63967Manager: Katherine DebusEmail: Katerine.debus@va.gov

COLORADO

Denver VA Medical Center1055 Clermont St.Denver, CO 80220-3873(888) 336-8262 or (303) 364-4616Fax (303) 393-4679Manager: Jann GriffithsEmail: jann.griffiths@med.va.gov

DISTRICT OF COLUMBIA

Walter Reed Army Medical CenterI & II & III6900 Georgia Ave., NWWashington, DC 20307-5001(202) 545-3218 Fax (202) 545-3202Fisher House I: (301) 295-7374, ext. 10Fisher House II: (202) 356-7564, ext. 10Acting Manager: Peter AndersonEmail:peter.anderson.2@na.amedd.army.mil

FLORIDA

Bay Pines VA Medical Center10000 Bay Pines Blvd.Bay Pines, FL 33744(727) 319-1350 Fax (727) 319-1106Manager: Richard KippingsEmail: BPFisherHouse@med.va.gov

West Palm Beach VA Medical Center7305 N. Military Trail—Route 136W. Palm Beach, FL 33410(561) 442-5554 Fax (561) 422-8793Acting Manager: Maureen WallaceEmail: maureen.wallace@med.va.gov

GEORGIA

Dwight David EisenhowerArmy Medical Center(Fort Gordon)Fisher House Road—Bldg. 280Ft. Gordon, GA 30905(706) 787-7100 Fax (706) 787-5106Manager: Francisco CruzEmail: francisco.cruz@amedd.army.mil

For more information on U.S.commercial airline programsfor families of injured servicemembers, visit www.dod.mil/mapcentral/airtickets.htmlorcall the individual airlines at thenumbers provided below.

American Trans Air(800) 435-9282(mention ATA’s “Military FamilyTravel Assistance Program”).

Continental Airlines(800) 468-7022 or(404) 773-0916(request the Military/Government Assist Desk).

Delta Airlines(800) 221-1212(refer agent to page 12147 intheir reservation system).

United Airlines(800) 864-8331(mention United’s “SpecialCare Fare”).

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HAWAII

Tripler Army Medical Center I & II315 Krukowski RoadHonolulu, HI 96819(808) 433-1291 ext. 28Fax (808) 433-3619Acting Manager: Avila PorterEmail: fhtamc@aol.com

MARYLAND

Malcolm Grow Medical Center (AndrewsAFB)1076 West Perimeter Rd.Andrews AFB, MD 20762(301) 981-1243 Fax (301) 981-7629Manager: Janet GramppEmail: janet.grampp@andrews.af.mil

National Naval Medical Center I & II(Bethesda Naval Hospital)24 Stokes RoadBethesda, MD 20814-5002(301) 295-5078 Fax (301) 295-5632Manager: Albert HarrisonEmail: albertfish@mwrbethesda.com

MINNESOTA

Minneapolis VA Medical CenterOne Veterans DriveMinneapolis, MN 55417(612) 467-2517 Fax (612) 970-5864Manager: Maggie SwensonEmail: margaret.swenson@med.va.gov

MISSISSIPPI

Keesler Medical Center (Keesler AFB)509 Fisher St.Keesler AFB, MS 39534-2599(228) 377-8264 Fax (228) 377-7691Mobile: (228) 806-5878Manager: Larry VetterEmail: larry.vetter@keesler.af.mil

NEW YORK

Stratton VA Medical Center113 Holland Ave.Albany, NY 12208(518) 626-6919 Fax (518) 626-5452Manager: Jerry JensenEmail: FisherNY@aol.com

NORTH CAROLINA

Womack Army Medical Center(Fort Bragg)12 Bassett St.Ft. Bragg, NC 28307-5000(910) 432-1486 Fax (910) 432-3825Manager: Paula GalleroEmail: fhwamc@aol.com

Camp Lejeune(In planning or design)

OHIO

Cincinnati VA Medical Center3200 Vine St.Cincinnati, OH 45220(513) 475-6571 Fax (513) 487-6661Manager: Karrie HaganEmail: karrie.hagan@med.va.gov

Wright-Patterson Medical Center I & II(Wright-Patterson AFB)415 Schlatter DriveWright-Patterson AFB, OH 45433(937) 257-0855 Fax (937) 656-2150Manager: Karen HealeaEmail: karen.healea@wpafb.af.mil

TEXAS

Brooke Army Medical Center I & II(Fort Sam Houston)3623 George C. Beach Rd.Ft. Sam Houston, TX 78234(210) 916-6000 ext. 101Fax (210) 916-6488Manager: Inge GodfreyEmail: fhbamc@aol.com

Air Charity Network:

For more information, visitwww.aircharitynetwork.orgor call (877) 621-7177 or(877) 858-7788

Regional Offices(short distance trips)

Airlift Hope: (800) 325-8908www.airlifthope.orgDeparting: NC and TN

Angel Flight Central:(877) 621-7177,(816) 421-2300;www.angelflightcentral.orgServing: IA, IL, IN, KS, MN, MO,ND, NE, SD, WI

Angel Flight Mid Atlantic:(800) 296-3797,(757) 318-7149;www.angelflightmidatlantic.orgServing: DC, DE, KY, MD, MI,OH, PA, VA, WV

Angel Flight Northeast:(800) 549-9980,(978) 794-6868;www.angelflightne.orgServing: CT, MA, ME, NH, NJ,NY, PA, RI, VT

Angel Flight South Central:(800) 989-2602,(972) 458-0700;www.angelflightsc.orgServing: AR, LA, NM, OK, TX

Angel Flight Southeast:(800) 352-4256;(352) 326-0761;www.angelflightse.orgServing: FL

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Darnall Army Community Hospital(Fort Hood)36000 Darnall LoopFt. Hood, TX 76544-4752(254) 286-7927 Fax (254) 286-7929Manager: Isaac HowardEmail: fhhood@aol.com

Michael E. DeBakey VA Medical Center(Houston)2002 Holcombe Blvd.Houston, Texas 77030(713) 794-8095 Fax (713) 794-7971Manager: Frank KellyEmail: frank.kelly@med.va.gov

Wilford Hall Medical Center I, II, & III(Lackland AFB)2580 Luke Blvd., Bldg. 3810Lackland AFB, TX 78236(210) 671-6037 Fax (210) 292-3031Manager: Paula LewisEmail: plewis-fisherhouse@satx.rr.com

William Beaumont Army Medical Center5005 North Piedras St.El Paso, TX 79920-5001(915) 569-1860, Fax (915) 569-1862Manager: Harry HicksEmail: fhwbamc@aol.com

VIRGINIA

Naval Medical Center, Portsmouth853 Fisher Dr., Bldg. 287Portsmouth, VA 23708(757) 953-6889 Fax (757) 953-7174Manager: Loretta LovelessEmail: fishrhouse@msn.com

WASHINGTON

Madigan Army Medical Center (FortLewis)9999 Wilson Ave.Ft. Lewis, WA 98433(253) 964-9283 Fax (253) 968-3619Manager: Jodi L. LandEmail: jodi.land@nw.amedd.army.mil

EUROPE

Landstuhl Regional Medical Center I & IICMR, Box 669APO AE 09180Civ.: 011-49-6371-61833-11Fax: 011-49-6371-866679 DSN: 486-6630Manager: Kathy GregoryAsst. Mgr.: Susan JohnsonEmail: Mary.Gregory@lnd.amedd.army.milLocal German address:Landstuhl Fisher HouseUS Hospital Landstuhl66849 Landstuhl/Kirchberg Germany

Airline Special Assistance Programs for Families of InjuredService Members

Do major United States commercial airlines offer fare assistance to familiesof injured or ill service members?

Yes. Numerous airlines offer assistance to families of injured service members. Manyairlines offer free fares to immediate family members and discounted fares to non-immediate family members of service members injured in Iraq (and possibly other

Angel Flight West: (888) 4-AN-ANGEL (888-426-2643);(310) 390-2958;www.angelflight.orgServing: AK, AZ, CA, CO, HI,ID, MT, NM, NV, OR, UT, WA,WY

Grace Flight: (888) 500-0433;www.graceflight.orgServing: MS, TN

Mercy Flight Southeast:(888) 744-8263;www.mercyflightse.orgServing: AL, GA, MS, SC

Air Charity Network NationalHeadquarters: (877) 858-7788; to request flights call(877) 621-7177;www.aircharitynetwork.org

Mercy Medical Airlift: (800)296-1217;www.mercymedical.org

Air Compassion America: (866)270-9198;www.aircompassionamerica.org

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military operations) so that the families might visit the service member during recovery.The details of these programs vary considerably and are subject to change; however,they all require proof of the service member’s military service and proof of an injury tothe service member. Such proof may include an authorization letter from the servicemember’s command, a Red Cross office or casualty assistance office.

Are there any noncommercial airline programs that help to providetransportation?

Air Charity Network (formerly Angel Flight America) is a charitable organization thatoperates a network of several independent member organizations coordinating free ordiscounted air transportation to patients and their families to and from distant medicalcare and treatment facilities in the United States.

Short distance trips: A network of volunteer pilots using their own light aircraftprovide transportation for patients and their families traveling less than 1,000miles. These trips are coordinated through 6 regional organizations.

Discount air ambulance: The “Air Compassion America” program (ACAM)assists in arranging air ambulance transportation, sometimes at a discount, forpatients, and their families, requiring stretcher transportation with medicalmonitoring or other care en route services. ACAM does not providetransportation directly. For more information call (866) 270-9198, or visit theACAM website at www.aircompassionamerica.org.

Commercial flights: MercyMedical Airlift (MMA) provides access to a varietyof charitable airline ticket programs for ambulatory outpatients traveling morethan 1,000 miles. For more information call (800) 296-1217.

Additional Travel ResourcesThe Red Cross works with the military aid societies (Army Emergency Relief, NavyMarineCorps Relief Society, Air Force Aid Society andCoast GuardMutual Assistance)to provide financial assistance for emergency travel. Local Red Cross chapters are listedin local telephone directories and online at www.redcross.org, under “Find Your LocalRed Cross.”

The various military relief or aid societies can provide interest-free loans, grants or acombination of loans and grants to cover emergency travel expenses for the families ofinjured or ill service members.

If a service member’s family is not near an installation for the service member’s servicebranch, the family may seek assistance at an installation of another service branch that ismore convenient or at their local Red Cross office.

The following military relief oraid societies have offices or rep-resentatives at or in close prox-imity to every major militaryfacility. Please visit their web-sites for additional information.

Air Force Aid Societywww.afas.org

Army Emergency Reliefwww.aerhq.org

Coast Guard Mutual Assistancewww.cgmahq.org

Navy-MarineCorpReliefSocietywww.nmcrs.org

A full list of injuries that areeligible for TSGLI paymentsmay be found atwww.insurance.va.gov/sgliSite/TSGLI/TSGLI.htm.

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TimeOff fromWork to Care for Family Members: The FamilyandMedical Leave Act (FMLA)

What is the FMLA?

The FMLA is a federal law that guarantees unpaid leave from work to individuals withserious health conditions and to certain family members who care for them. Under theFMLA, certain family members may be eligible for unpaid leave from their jobs to carefor a wounded service member. For details on the FMLA, please see the section titled“Taking Leave for Medical Care: The Family and Medical Leave Act (FMLA)” inChapter 9, Legal Rights.

Financial Assistance: Traumatic Injury Insurance underService Members’ Group Life Insurance (TSGLI)

What is TSGLI?

Organized as part of the Servicemembers’ Group Life Insurance (SGLI), TSGLIprovides insurance coverage for service members who sustain an injury. TSGLI isintended to provide immediate cash assistance to cover the expenses associated with thechanges that accompany a traumatic injury, for example constructing a ramp forwheelchair access to a home or adapting an automobile with hand controls. TSGLI paysa lump-sum benefit that is based on the severity of the service member’s injury. TSGLIbecame effective on December 1, 2005, and retroactively covers certain injuriessustained by service members dating back to October 7, 2001.

Who is eligible?

Service members who are covered under SGLI are automatically eligible for TSGLIbenefits following a “qualifying injury.” All service members are automatically providedcoverage under SGLI unless they have specifically declined SGLI coverage. TSGLIcoverage ends when the service member is separated or discharged from service. Servicemembers who were injured while on duty in Afghanistan, Iraq, or other combat zonesafter October 7, 2001, are also eligible for retroactive payment (see more below).

What is a “qualifying injury”?

Toqualify for aTSGLI payment, an injured servicemembermustmeet four requirements:

1. The injury must qualify as a “scheduled loss” and occur as a direct result of a“traumatic event.” Generally, a scheduled loss is any loss of a body part or an abili-ty to function in daily activities. A “traumatic event” generally is any “line of duty”event that causes the traumatic injury.

Examples of scheduled losses include: loss of hearing, loss of eyesight,loss of limbs, loss of speech, coma, and loss of ability to perform routinedaily activities of self-care.

Examples of traumatic events include: Military and civilian motor vehi-cle accidents, military and civilian aircraft accidents, and combat and train-ing injuries.

Completed TSGLI CertificateForms must be forwarded to theservice member’s particularbranch of service:

Air Force (Active Duty):› Fax: (210) 565-2348› Email: afpc.casualty@

randolph.af.mil› U.S. Mail: AFPC/DPFCS

550 C St. West, Suite 14Randolph AFB, TX 78150-4716

Air Force Reserves:› Fax: (303) 676-6255› Email: ramon.roldan@

arpc.denver.af.mil› U.S. Mail:

HQ, ARPC/DPPE6760 E Irvington Place,#4000Denver, CO 80280-4000

Air National Guard:› Fax: (703) 607-0033› Email: andrew.bair@

ngb.ang.af.mil› U.S. Mail: NCOIC,

Customer OperationsAir National Guard Bureau1411 Jefferson Davis HwySuite 10718Arlington, VA 22202

The TSGLI Certificate Form isavailable at the Department ofVeterans Affairs Insurancewebsite atwww.insurance.va.gov/sgliSite/forms/TSGLI.pdf.

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2. The traumatic event must have occurred before midnight on the day thememberis discharged/separated from military service.

3. The scheduled loss must occur within 365 days of the traumatic event.This means that TSGLI provides coverage even for injuries that are not identifiedimmediately, but are identified within 365 days after the occurrence of the traumaticevent. For example, an injury may not immediately cause a loss but complicationsfrom ongoing medical treatment could result in a loss that qualifies for TSGLI.

4. The member must survive at least 7 full days (168 hours) from the date of thetraumatic event that caused the injury. This means that if a service member wasqualified to receive TSGLI benefits but later dies before TSGLI payments are made,the service member’s heirs will be entitled to the TSGLI payment. Even though aservice member may not survive the required period following the traumatic event,the family of the service member will generally be entitled to other financialcompensation such as the Death Gratuity and life insurance payments under SGLI.

What is the scope of coverage for TSGLI?

In general, service members are covered under TSGLI for the same period that they arecovered under SGLI. If a service member has full-time SGLI, TSGLI provides full-timecoverage for servicemembers 365 days a year, bothonandoff duty. If the servicememberhas part-time SGLI coverage which generally only applies to certain reservists, TSGLI ispart-time as well, covering the service member only during the actual days of duty andwhile proceeding directly to and returning from their scheduled duty.

Generally, reservists who perform active duty or active duty training on orders lastingmore than 31 days or who are members of reserve units that drill at least 12 times a yearcarry full-time coverage. Reservists on orders less than 31 days or who drill less than 12times a year generally carry part-time coverage.

What is the benefit payment for a qualifying injury?

TGSLI provides a lump-sum payment for traumatic injuries in amounts up to $100,000depending on the severity of the injury as determined by the servicemember’s physician.Coverage begins at $25,000.

Will this affect the service member’s VA or DoD disability compensationdeterminations?

TSGLI is not disability compensation and generally has no effect on the disabilitycompensation benefits provided by the VA or DoD. However, TSGLI may affect theservice member’s entitlement to a need-based disability pension because the TSGLIpayment counts as income in the year it is received.

While VA or DoD disability benefits are intended to provide ongoing financial supportto compensate for the loss of future earnings potential as a result of injury, TSGLIprovides a one-time lump-sum payment to cover immediate costs associated with a spe-cific traumatic injury.

Army:› Fax: (866) 275-0684› Email:

TSGLI@hoffman.army.mil› U.S. Mail: Department of the

ArmyU.S. Army Physical DisabilityAgency (USAPDA)Traumatic SGLI (TSGLI)200 Stovall St.Alexandria, VA 22332-0470

Coast Guard:› Fax: (202) 267-4823› Email:

twalsh@comdt.uscg.mil› U.S. Mail: Commandant,

US Coast GuardAttn: CG-12222100 2nd St, NWWashington, DC20593-0001

Marine Corps:› Fax: (888) 858-2315› Email: t-sgli@usmc.mil› U.S. Mail: Headquarters,

U.S. Marine CorpsMI - TSGLI3280 Russell RdQuantico, VA 22134

Navy:› Fax: (901) 874-2265› Email: MILL_TSGLI@navy.mil› U.S. Mail: Navy Personnel

CommandAttn: PERS 625720 Integrity DriveMillington, TN 38055-6200

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How long does the coverage last after separation or discharge from militaryservice?

TSGLI coverage terminates immediately on the date the member separates from service.However, as discussed above under “What is a ‘qualifying injury’?”, TSGLI will cover ascheduled loss that occurs after separation or discharge as long as the traumatic eventoccurred before termination of the TSGLI coverage.

This is different from general SGLI coverage, which extends for a minimum additional120-day period after discharge.

How does the service member receive TSGLI benefits?

Service members must complete Form GL.2005.261, Traumatic Injury ProtectionCertificate Form (the “TSGLI Certificate Form”), to receive benefits.

There are three parts to the form. Part A must be completed by the service member orhis or her appointed guardian or attorney-in-fact. Part B must be completed by theservice member’s attending medical professional. Part C is completed by the servicemember’s particular branch of service.

When Parts A and B are completed, the form should be sent to the service member’sparticular branch of service for completion of Part C. The branch of service will thenforward the application along to the Office of Servicemembers’ Group Life Insurance(OSGLI) for final processing.

How does one claim retroactive benefits?

Service members or veterans who suffered a qualifying injury between October 7, 2001,and November 30, 2005 while either (1) deployed outside the United States as a part ofOperation Enduring Freedom or Operation Iraqi Freedom or (2) serving in a locationthat qualified the member for the Combat Zone Exclusion (see the section titled“Exclusions – The Combat Zone Exclusion” in Chapter 8, Federal Tax Issues, for moreinformation) are eligible for retroactive application of TSGLI. To claim benefitsunder TSGLI retroactively, a service member or veteran must complete a TSGLICertificate Form.

How long will it take to receive the TSGLI benefit payment?

Benefit payments take approximately 3 weeks. The DoD takes an average of 2 weeksto process the service member’s application. Once the application has been approved,processing the payment takes an additional week. Payment will be made by directdeposit to the servicemember’s bank account, by check, or through a Prudential AllianceAccount, which is an interest-bearing account set up automatically in the servicemember’s name upon election of this option when completing the TSGLI CertificateForm, or upon default. Payment by check is only available if the service member’sguardian or attorney-in-fact completes the application.

What is a Prudential Alliance Account?

A Prudential Alliance Account is a personal interest-bearing checking account set upautomatically in the service member’s name when this option is selected on the TSGLICertificate Form, or upon default if no option or an improper selection is made, toreceive the TSGLI benefits. Servicemembersmaywithdrawmoney from the account by

For further informationregarding TSGLI, please see thefollowing:Traumatic Insurance Protectionunder SGLI Coverage (TSGLI):A Procedural Guide, availableat www.insurance.va.gov/sgliSite/TSGLI/TSGLIGuide/TSGLIGuide.pdf.

Army FAQs about TSGLI:www.hrc.army.mil/site/crcs/tsgli/TSGLI_FAQ_Page.pdf.

NOAA Corps:

› Fax: (301) 713-4140› Email: gregory.raymond@

noaa.gov› U.S. Mail:

Silver Spring Metro PlazaDirector, CommissionedPersonnel Center8403 Colesville Rd, 5th FloorSilver Spring MD 20910

Public Health Service:

› Fax: (301) 594-2973 or(800) 733-1303

› Email:CompensationBranch@psc.hhs.gov

› U.S. Mail:PHS Compensation BranchParklawn Building5600 Fishers Lane, Rm. 4-50Rockville, MD 20857

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writing checks, with a minimum withdrawal of $250, up to the full amount in theaccount. These accounts earn interest so long as any balance is maintained in theaccount, and the accounts are guaranteed by Prudential Insurance Company of America.

If a service member was injured in two separate traumatic events, is theservice member eligible for multiple payments under TSGLI?

It depends on how soon after the first traumatic event the second traumatic event occurred.

Multiple traumatic events that occur within 7 days (168 hours) of one another, are treatedas a single event. The maximum recovery of $100,000 will apply even for separate,unrelated scheduled losses resulting from separate, unrelated traumatic events thatoccur within that time period. However, traumatic events that occur more than 7 fulldays apart are treated as distinct events, and the qualifying injuries sustained as a resultof each event will be evaluated separately. As each event will be given its own maximumcoverage limit, the service member’s total TSGLI payments may potentially exceed$100,000 depending on the severity of his or her injuries.

Are service members’ families eligible for coverage under TSGLI?

No. Only service members are eligible for coverage. Survivors of a deceased servicemember will be eligible to receive the benefit payment only if the service membersurvived longer than 7 days (168 hours) after the traumatic event occured.

If a service member is incapable of submitting the TSGLI CertificateForm because of his or her medical condition, how can an applicationbe submitted?

A service member’s appointed guardian or attorney-in-fact can complete and submit theTSGLI Certificate Form on behalf of a service member that is incapacitated because ofa medical condition.

SalaryDo injured service members continue to draw their regular monthly salarywhile awaiting a disability determination?

Yes. The military will continue to pay 100% of a service member’s pre-injury salary forline-of-duty injuries until the service member is (1) found fit to return to service, (2)placed on a temporary disabled list or (3) released from service through separation orretirement. Generally, deployed active duty service members return to their unit in abackup capacity when they are ill or injured and thus continue to draw their regular pay.However, reservist service members have no similar unit to return to and thus must takeadditional steps to continue receiving their active duty salary (see more below).

DoD guidelines call for an MEB disability determination to occur within a year.However, there is no time limit for how long the service member may continue to drawhis or her salary if the medical evaluation process takes longer than a year.

In order to remain on activeduty while undergoing theDisability Evaluation System(DES) process, a reserve com-ponent service member gener-ally must apply for either theActive Duty Medical Extensionprogram or the MedicalRetention Processing program.

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What are the extra steps that Reserve Component service members must taketo continue receiving their salary?

Injured reservists who wish to continue receiving their regular service salary and benefitsmust apply for either the Medical Retention Processing (MRP) program or the ActiveDuty Medical Extension (ADME) program. The MRP program applies specifically toReserve Component service members mobilized in support of GlobalWar on Terrorism(GWOT) contingency operations and who are wounded, incur an injury, or aggravatea previous illness or disease in the line of duty. To remain on active duty pendingevaluation of an injury, all other Reserve Component service members (i.e., those notmobilized in support of GWOT contingency operations) must apply through the ActiveDuty Medical Extension (ADME) program, described below.

Under the MRP program, an injured reservist who is not expected to return to dutywithin 60 days of being injured must consent to reassignment to a Medical RetentionProcessing Unit (MRPU) in order to continue to receive his or her regular service salaryand benefits. The injured reservist will remain on active duty with theMRPU until he orshe is determined to be fit to return to duty or the medical evaluation is completedthrough his or her branch’s disability evaluation system. The reassignment orders last179 days. Injured reservists may request extensions in order to remain on active duty formedical treatment.

Those reservists injured not in connection with GWOT contingency operations mustapply through the ADME program to remain on active duty while continuing to receivemedical treatment for their injuries. Like the MRP program, ADME is a voluntaryprogram: the service member must consent to participation by applying through his orher branch of service.

Members of the Reserve Components must apply for theMRP and ADME programs bysubmitting an MRP or ADME packet to their respective branch of service.

CHAPTER 2:THE DISABILITY EVALUATION SYSTEM

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Introduction

Each year many thousands of service members are injured while on duty. Followingan injury, the military’s first priority is to provide medical treatment to the servicemember, with the goal of returning him or her to duty as soon as possible. Some servicemembers, however, suffer from injuries or illnesses that may render them unfit forcontinued service. It is at this point that these service members encounter the DisabilityEvaluation System (DES). The DES system was created by the Department of Defense(DoD) to provide a uniform procedure for the evaluation of a service member’s medicalcondition and the member’s ability to continue his or her military service.

The DES has two stages: the Medical Evaluation Board (the MEB) and the PhysicalEvaluation Board (the PEB). In the first stage, the MEB evaluates the service member’sinjury and ongoing treatment in order to determine whether he or she can continueservice in his or her military occupational specialty (MOS) following medical treatment.In the second stage, the PEB evaluates a service member’s physical ability to continue inthe military service and provides the service member with a DoD disability rating if thePEB results in separation from the military.

Depending on the nature of the service member’s injuries, the MEB may place theservice member on temporary limited duty (TLD) or refer the individual to a PEB,which evaluates the servicemember’s ability to continue his or hermilitary service. If thePEB determines that the severity of an injury or illness requires separation, the PEB willorder the medical retirement of the service member and assign a disability rating. Thedisability rating often determines the availability and type of benefits that may beavailable after separation. In addition, if the PEB believes that the service member mayrecover from his or her disability over time, the PEB may recommend placing the servicemember on the Temporary Disability Retirement List (TDRL) until he or she is fit toreturn to active duty or found unfit and separated from service with appropriate benefits.

The following provides additional information on the MEB, the PEB and other aspectsof the DES process.

TheMedical Evaluation BoardWhat is a Medical Evaluation Board?

AMedical Evaluation Board (MEB) is the first step in the military’s disability evaluationprocess for determining whether an injured servicemember is fit to return to active duty.A MEB typically includes two or three physicians, one of whom is the service member’s

Note: The term “MOS” is spe-cific to the Army and the MarineCorps; the Air Force, Navy andCoast Guard use different termsfor occupational specialties.The Air Force uses the term “AirForce Specialty Code” or“AFSC,” while the Navy uses theNavy Enlisted Classification(NEC) system and a system ofratings and designations. TheCoast Guard uses a system sim-ilar to the Navy’s. However, forthe sake of clarity and ease ofuse, this handbook refers toevery specialty, regardless ofbranch of service, as an “MOS,”and, unless otherwise stated,the term “MOS” should beunderstood to refer to the jobspecialty designation of theindividual member’s branchof service.

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Disabled American Veterans,a charitable organization notaffiliated with the military,provides numerous advocacy,counseling and outreach servic-es to disabled veterans andservice members undergoingthe DES process. For moreinformation, visitwww.dav.org.

The Department of the Armyrecently opened the WoundedSoldier and Family Hotline,which can be reached at1-800-984-8523. The purposeof thehotline is toofferwoundedservice members and theirfamily members a way to shareconcerns on the quality ofpatient care and to allow servicemembers to voice their con-cerns without retribution.

treating physician. The purpose of anMEB is to determine whether the service memberhas an injury or illness that is severe enough to compromise his or her ability to return tofull duty based on his or her MOS.

The MEB is not a formal hearing, and the service member should not expect to appearbefore a panel at this stage of the process. Rather, the service member will be evaluatedthrough a series of examinations, and the board will base its findings on a review of theservice member’s case file. The service member will have the opportunity to review theMEB’s report and either agree with or oppose the findings.

Often the MEB review begins when the service member’s treating physician concludesthat he or she will not be able to return to full duty within a reasonable period of time.The physician refers the service member to an MEB, and the injury or illness is thenevaluated with respect to the service member’s MOS. If the service member’s conditionimproves such that the service member can fully function in his or her MOS, or if itappears likely that, given treatment, the service member will soon fully function in his orher MOS, the service member will not continue through the MEB process.

The MEB evaluates the service member in terms of how his or her condition willaffect performance in the military environment. According to the Army’s DisabilityCounseling Guide for PEB Liaison Officers, “Combat, combat support, combat servicesupport assignment to remote locations, and other demanding situations that theevaluee could reasonably be expected to encounter are factors considered. Membersmust be able to perform military service in such a manner as to reasonably fulfill thepurpose of their employment on active duty. With the exception of psychiatric defects,it is not the purpose of a medical board to relate the member’s defects to the civilianenvironment, employability, or insurability.” Disability Counseling Guide for PEB LiaisonOfficers, page 9, available at: www.westpoint.org/users/usma1991/48648/pebloguide.doc.

While the MEB can determine that a service member is fit for duty, it cannot make a finaldetermination that the service member is unfit for duty, which is required before a servicemember can be separated because of an injury or medical condition. That determination isleft solely to the Physical Evaluation Board (PEB), which is discussed in greater detail below.

Who may refer a service member to an MEB?

A service member cannot refer himself or herself to an MEB. Rather, his or her treatingphysician, unit commander or higher command must make the referral to an MEB.

Who can offer assistance to a service member facing an MEB evaluation?

Themilitary assigns a Physical Evaluation Board LiaisonOfficer (PEBLO) to each servicemember undergoing the DES process. The PEBLO acts as a counselor and liaison forthe service member throughout the disability evaluation process, but he or she does notserve as an advocate for the service member before the MEB or PEB. Beginning with aninitial briefing before the service member’s first physical examination for the MEB, thePEBLO’s role is to inform the service member of what to expect at various stages of theprocess, the consequences of decisions or determinations made by the board and his orher rights. In addition, a PEBLO (along with other administrative professionals) mayassist the service member in gathering relevant information and documentation(medical charts, X-rays, etc.). After the service member receives the decision of theMEB, the PEBLO will review the decision with the service member.

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Service members may also seek outside assistance in preparing for the disabilityevaluation process. Disabled American Veterans, a charitable organization not affiliatedwith the military, provides numerous advocacy, counseling and outreach services toassist veterans in obtaining benefits and services earned as a result of their militaryservice. Through its National Service Program, DAV employs National Service Officers(NSOs) who, upon request, counsel and advocate on behalf of service members.

Does the service member have a right to see all of the information used by theMEB in making its decision?

Yes. The service member has the right to see everything considered by the MEB.

What outcomes can a service member expect from an MEB?

If, upon examination, the service member meets retention standards, i.e., the servicemember’s condition allows him or her to return to active duty, then the MEB will clearthe service member for return to active duty.

If theMEB believes that the service member can return to active duty within a reasonableperiod of time, it may recommend placing the service member on Temporary LimitedDuty (TLD). TLD is a specified period of limited duty. The TLD period is normallyeight months and generally will not exceed a total of 16 cumulative months. The servicemember is expected to return to full duty after the specified TLD period.

If the MEB is unsure of the service member’s ability to return to active duty within areasonable period of time, or if the service member’s condition prevents him or her fromreturning to full active duty even following a TLD period, the MEB refers the servicemember to the Physical Evaluation Board (PEB).

If the service member has sustained certain injuries or illnesses, as described in theretention standards for the service member’s branch of the military, theMEB is requiredto refer the service member to the PEB.

What can a service member do if he or she is dissatisfied with the outcome ofhis or her MEB?

A service member who is dissatisfied or disagrees with the outcome of his or her MEBmay appeal directly to theMEB, but this appeal can only be done in writing. There is nospecific form for the letter, but it is important for the service member to be as specific aspossible. Additionally, the appeal must be filed within three duty days of being informedof the outcome of an MEB. If, after reconsideration, the MEB accepts the servicemember’s rebuttal, the changes suggested by the service member may be added to theMEB’s findings.

The Physical Evaluation BoardWhat is a Physical Evaluation Board (PEB)?

A PEB is an administrative body possessing the authority to make determinationsconcerning a service member’s fitness for duty. Following a finding that a service memberwill not be able to return to full duty within a reasonable period of time, if ever, theMEBwill refer the service member to a PEB. Unlike an MEB, a PEB may declare a servicemember unfit for duty and separate him or her from military service. Importantly, the

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PEB also determines the percentage of disability for ill or injured service members,which affects his or her entitlement to certain benefits following separation. (SeeChapter 3, Disability Rating System, for information on how benefits are affected bydisability ratings.) There are two types of PEB, informal and formal, both of which arediscussed in more detail below.

What is an informal PEB?

An informal PEB is the first step in the PEB evaluation process. The informal PEBreceives the report generated by the MEB and conducts an informal evaluation of aservice member’s case file and makes its own findings and recommendations. Theinformal PEB, much like the MEB, considers whether the service member’s conditionallows the fulfillment of duties in his or her MOS. The informal PEB consists of threevoting members, including at least one physician and one nonmedical officer. Thephysician member evaluates the medical information produced by the MEB, while thenonmedical officer examines what impact the service member’s condition will have onthe service member’s ability to perform his or her duties. The service member’s PEBLOwill go over the findings of the informal PEB with the service member.

If the service member is found fit to continue military service, the service member caneither accept the finding of fitness for duty or he or she may apply by written request tothe informal PEB for reconsideration. The written request must include any newmedical information that was not previously available or considered. The writtenrequest must also indicate whether the service member does or does not desire a formalPEB hearing, should the finding of fitness remain unchanged. However, if a finding offitness is confirmed upon reconsideration, then the servicemember has no right toa subsequent hearing.

If the service member is found unfit to continue military service, he or she has the rightto accept the finding of unfitness or demand reconsideration at a formal PEB. Theservice member has the right to legal counsel at a formal PEB.

When an informal PEB finds a service member unfit, theymay determine whether he orshe is eligible for other special considerations, such as permanent limited duty. Suchspecial consideration is considered an exception to policy.

What is a formal PEB?

A formal PEB is convened to reexamine a service member’s potential fitness for duty. Aformal PEB consists of three voting members, including at least one physician and onenonmedical officer. Instead of merely reviewing the prior findings, a formal PEB is a denovo hearing, meaning all factual questions are addressed as if for the first time.Although a formal PEB is not adversarial in nature, it is generally audiotaped to create arecord, and it allows the service member to make a personal appearance, present evi-dence, present testimony (sworn or unsworn) and supplement his or her record withadditional documents. Additionally, the service member is generally represented by anattorney at the hearing and the service member should have an opportunity to conferwith his or her attorney before the formal PEB is held.

Service members usually request a formal PEB in order to get a higher disability ratingthan that assigned by the informal PEB, which will increase their entitlement toDisability Retirement Pay (see the following section on Disability Compensation for

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more information). Some service members request a formal PEB to argue thatthey should be found fit for duty based on an uninterrupted and undiminished dutyperformance record.

A formal PEB can find a service member fit for duty, unfit with or without severance pay,or unfit with retirement pay. And because a formal PEB is a de novo review of theservicemember’s file, the formal PEB can even result in a lower disability rating than thatassigned by the informal PEB.

Does a service member have a right to a formal PEB?

According to federal law, “[n]o member of the armed forces may be retired or separatedfor physical disability without a full and fair hearing if he or she demands it.” 10 U.S.C.§ 1214. Therefore, any service member who has been found unfit by an informal PEBhas a right to a formal PEB upon request.

Service members who are found fit for duty at an informal PEB have no right to a formalPEB, but they may request one.

Who can offer assistance to a service member facing a PEB hearing?

A PEBLO is available to provide counseling and certain support services to each servicemember facing a PEB hearing, whether formal or informal. A PEBLO is a fieldrepresentative of the PEB and does not function as an advocate or take the place ofan attorney at a formal PEB.

If a service member receives a formal PEB hearing, he or she has the right to an attorney.The service member may be represented by appointed military counsel free of charge,generally a JAG officer, or the service member may decide to be represented by civiliancounsel of his or her own choosing and at the service member’s expense.

For guidance on finding and selecting an attorney, see the section titled “Engaging aLawyer” in Chapter 10, Legal Assistance.” Also, certain organizations accredited by theVA, such as the DAV, can help service members find free or low cost legal assistance,including nonattorney counselors.

Can a service member appear personally before a PEB?

A service member has no right to appear personally before an informal PEB.

A service member does have the right to appear personally before a formal PEB. Uponappearing before the formal PEB, the service member may present testimony underoath. If the service member presents testimony under oath, the members of the formalPEBmay question the service member. However, the service member is not required topresent testimony under oath and, even if under oath, may refuse to answer certainquestions (i.e., remain silent) regarding the origins of his or her injury, among otherthings, which will not be held against the service member. If the service member choosesto make unsworn statements (i.e., not under oath), the service member will not besubject to questioning. Service members appearing before a formal PEB should bear inmind that sworn testimony is generally given greater weight than unsworn testimony.Servicemembers should consult their attorneys or nonattorney counselors regarding theappropriate course of action.

The Disabled AmericanVeterans (DAV) may be reachedthrough its website,www.dav.org, or by calling oneof its regional offices locatednearest the service member’sPEB site.

DAV DC Regional Office(202) 530-9260DAV San Antonio Office(210) 699-2359DAV Seattle Office(206) 220-6225

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Can a service member call witnesses to appear before a PEB?

A service member has no right to call witnesses to appear before an informal PEB.

A service member may call witnesses to appear before a formal PEB. Witnesses whopresent sworn testimony may be subject to questioning by members of the PEB.

Does a service member have the right to review documents used by the PEB?

Yes. The service member may review all documents used by the formal PEB in makingits determinations. The service member’s entire file is available for review before,during, and after the formal PEB hearing. Because the file is of great importance in thedecision-making process of the PEB, it is very important for the service member andhis or her counsel, if one has been appointed or hired, to review the file for accuracyand completeness.

What outcomes can a service member expect from a PEB?

A PEB may declare the service member “fit for duty,” in which case he or she returns toduty.

A PEBmay declare a service member “unfit for duty,” whichmay lead to separation fromthe service. Service members who are to be separated from service are assigned apercentage of disability, also known as a disability rating, which affects their entitlementto benefits. Service members with a disability rating of less than 30% and less than 20years of active service receive severance pay but not disability compensation.

A PEB may recommend that the service member be retained on the TemporaryDisability Retirement List (TDRL) if the PEB determines that the service membershows the possibility of sufficient recovery over time to return to duty.

A service member is “fit for duty” if he or she can reasonably perform the duties of his orher MOS. A service member who cannot reasonably perform the duties of his or herMOS may be found “unfit for duty.” In making this decision, the PEB determines therequirements of the service member’s position, as delineated in the regulations of theservice member’s branch of the military, and assesses whether the service member canperform these functions given his or her present physical and mental state.

If a service member is assigned a percentage of disability, the service member will notreceive a rating for any disability that preexisted entry into military service unless thePEB finds that the condition has been permanently aggravated by military service.Service aggravation requires a permanent aggravation of the service member’s conditionbeyond what would have occurred as a result of “natural progression.” See thediscussion under “Will a medical condition that existed prior to military service affect aservice member’s disability rating?” below.

Under certain circumstances, a PEB may apply the “presumption of fitness” rule. Aservice member is presumed fit whenever his or her service is terminated for reasonsother than the soldier’s diagnosed physical impairment. For example, a presumption offitness applies when a service member begins the disability evaluation process afterhaving applied for length of service retirement, or within 12 months of an enlistedsoldier’s retention control point (RCP) when he or she will become eligible to retire. Aruling that the presumption of fitness applies does not necessarily mean that the servicemember is fit for duty, but rather only that his or her impairment is not the cause for

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separation, and therefore he or she should not receive disability retirement pay. Aservice member can overcome the presumption and remain eligible for DoD disabilityretirement pay by showing medical evidence that his or her service was interrupted byphysical impairment. A service member who fails to overcome the presumption offitness may still be eligible for VA disability benefits.

How does a PEB decide the percentage of disability?

Upon finding a service member unfit for duty and eligible for disability benefits, the PEBlooks to the percentage of disability guidelines set forth in the Veterans AdministrationSchedule for Rating Disabilities (VASRD), as supplemented by the regulations of theservice member’s branch of the military, to assign a percentage of disability to theservice member. These guidelines list various conditions and degrees of severity used torate service members from 0% to 100% disabled.

If a service member is declared unfit and assigned a disability rating by aPEB, what outcomes may he or she expect?

Depending on a service member’s number of years in the military, a determination ofunfitness along with a percentage of disability rating can lead to the following outcomes:

› Separation with severance pay

» Disability permanent, and

» Disability rating of less than 30% and

» Less than 20 years on active duty.

› Permanent retirement

» Disability permanent, and

» Disability rating of 30% or higher, or

» 20 or more years of active service.

› Retention on the Temporary Disability Retirement List

» Disability unstable, with potential for recovery, and

» Disability rating of at least 30%.

What is the Temporary Disability Retirement List?

The Temporary Disability Retirement List (TDRL) is for service members with aninitial disability rating of 30% or more who show the possibility of recovering sufficiently,over an extended period of time, to be returned to duty. While on the TDRL, a servicemember’s medical condition is subject to periodic reevaluation as often as is medicallynecessary for his or her condition, but no less than once every 18 months. The servicemember may remain on the TDRL for a maximum of five years. At the 5-year point, ifnot sooner because of a reevaluation, the service member will be removed from theTDRL and either found fit, permanently separated from the service with severance payor permanently retired. While on the TDRL, a service member will be paid the same asif he or she were permanently retired, provided that no service member will receiveless than 50% of his or her basic pay. For more information on the TDRL, seesection titled “Severance Pay and Disability Retirement Pay” in Chapter 4, DoD and VADisability Compensation.

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Can a service member request assignment to a new MOS?

Perhaps, but a PEB cannot reclassify an injured service member to a newMOS. Servicemembers who want assignment to a new MOS generally appear before a MOS MedicalRetention Board (MMRB).

Service members should note that the rules and procedures for assignment to a newMOS differ between branches of themilitary. The following is a general discussion only.Service members should seek additional information from a knowledgeable authority inthe personnel department of their branch of service.

The MMRB is an administrative board composed of three members, including one E-9and onemedical officer. The service member is entitled to a hearing where he or she hascertain rights to present evidence and to call witnesses, but there is no right to legalcounsel. The service member may also waive his or her right to personal appearance. IftheMMRB does not reclassify the service member and if the service member has not yetappeared before an MEB, the MMRB may refer the service member to an MEB.

In reviewing a request for MOS reassignment, the MMRB will consider whether arecommendation of reclassification is appropriate. The MMRB will consider variousfactors, including the service member’s ability to perform in another MOS, commentsfrom the service member’s commanding officer, worldwide deployability, past jobperformance, prior military training, civilian training and experience and physicalfitness, among other factors.

Are there any other options for a service member following a declaration thathe or she is unfit for full duty?

Certain service members who are declared unfit may still be eligible to remain on activeduty through the Continuation of Active Duty (COAD) program.

To be considered for COAD, the service member must be physically capable ofperforming useful service in an MOS for which he or she is currently qualified orpotentially trainable. In addition, the service member must be capable of performing hisor her duty without (1) risking adverse health effects to the service member or othersand (2) the need for medical treatment that would take significant time away from theservice member’s duties. Finally, the service member must meet one of three eligibilitycriteria to be eligible for COAD: (1) at least 15 but less than 20 years of militaryservice, (2) qualified in a critical skill or shortage MOS or (3) has a disability that is theresult of combat.

How does a service member make a COAD request?

The PEBLO assigned to a service member is charged with assisting and counseling theservice member with the COAD application process. The service member may submitletters from supervisors or commanders supporting the COAD request. The specifics ofthe application process vary according to the service member’s branch of service.However, the application generally must include either the PEB findings or the servicemember’s response to the findings and be submitted before the service member’sdeadline for responding to the finding of unfitness has passed. If the request is approved,the service member will stay on active duty.

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Historically, only a small percentage of COAD requests have received approval. If therequest is denied, the service member can expect to receive retirement or separationorders. If the service member has not yet received a formal PEB hearing, he or she mayrequest one at this point. Thus, a service member who wishes to remain on active duty,but is declared unfit by an informal PEB, may want to postpone making a request for aformal hearing until his or her COAD request is processed and determined. If it isdenied, the service member then can assert his or her right to a formal PEB.

What options for further review (appeal) does a service member have if he orshe is dissatisfied with the outcome of a formal PEB hearing?

If a service member does not agree with the conclusions of a formal PEB and registers hisor her disagreement within ten days of the PEB decision, the PEB will reconsider theservice member’s case. The PEB’s reevaluation of the case occurs outside of the presenceof the servicemember and his or her attorney. Once the PEB has reconsidered its findings,it will send its recommendations along with the service member’s case to a higher, appel-late level review agency that is responsible for overseeing theDES process within the servicemember’s branch of the service. The U.S. Army Physical Disability Agency (USAPDA)and the Secretary of Air Force Personnel Council review the cases ofmembers of the Armyand Air Force, respectively. The cases of Marines and Navy service men and women arereviewed by the Secretary of the Navy Council of Review Boards. These agencies consideronly documentary evidence on appellate review and do not permit appearances by theservice member or in-person testimony. After this review, should the service member stillbe dissatisfied with the resolution of the case, he or she may appeal to the appropriateBoard of Correction of Records for his or her branch of service. If the service memberseeks further review, he or she may ultimately appeal to the Court of Federal Claims.

Where are the PEBs located for the various service branches?

› U.S. Air Force

» Lackland Air Force BaseSan Antonio, TXwww.lackland.af.mil

› U.S. Army

» Fort LewisTacoma, WAwww.lewis.army.mil/index.asp

» Fort Sam HoustonSan Antonio, TXwww.samhouston.army.mil/sites/local

» Walter Reed Army Medical CenterWashington, DCwww.wramc.amedd.army.mil

› U.S. Navy and U.S. Marine Corps

» National Naval Medical CenterBethesda, MDwww.bethesda.med.navy.mil

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How many times may a service member go through the DES process?

While on active duty, there is no limit to the number of times a service member may gothrough the DES process. For example, a service member who was declared fit by aninformal PEB and returned to duty only to find his or her condition has worsened, maybegin the process anew.

Does a service member separated from active duty because of an injury orillness always receive compensation for his or her injuries?

No, not always. For example, injuries or illnesses received or contracted while absentwithout leave or incurred while engaging in an act of misconduct or willful negligencemay preclude compensation.

Why can a determination of unfitness by an MEB be changed by a PEB to fitfor duty?

The MEB and PEB are separate boards with separate goals and purposes. The MEBdetermines whether the service member has an injury and whether that injury causes theservice member to fall below retention standards. A failure to meet retention standardsdoes not necessarily mean that a service member is unfit for duty. Only the PEB can assessthe service member’s fitness for duty.

Is it important for a service member to receive a physical exam prior todischarge from the military?

It is extremely important that a service member receive a discharge physical beforeleaving active service, and that the service member receive the appropriate documentationprovided upon completion of the physical. This is necessary to establish the medicalbenefits, if any, the service member is entitled to from the VA. The military’s DES andany resulting disability rating are not binding on the VA, which considers the cumulativeeffect of the service member’s military service on his or her physical condition and notjust the condition that prompted the separation from the military. Without a dischargephysical, the VA cannot determine what injuries or disabilities resulted from militaryservice, as opposed to those which resulted from activities prior to or outside of militaryservice. This may lead to a service member’s inability to receive the maximum benefitshe or she is entitled to from the VA.

Links to Additional Information

› Department of Defense

» DoD Directive 1332.18, November 1996, updated December 2003,Separation or Retirement for Physical Disabilitywww.dtic.mil/whs/directives/corres/html/133218.htm

» DoD Instruction 1332.38, November 1996,Physical Disability Evaluationwww.dtic.mil/whs/directives/corres/html/133238.htm

» DoD Instruction 1332.39, November 1996,Application of the VASRDwww.dtic.mil/whs/directives/corres/pdf/i133239_111496/i133239p.pdf

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› U.S. Air Force

» Air Force Instruction (AFI) 36-3212,Physical Evaluation for Retention, Retirement, and Separationwww.epublishing.af.mil/pubfiles/af/36/afi36-3212/afi36-3212.pdf

» Air Force Instruction (AFI) 48-123,Medical Examinations and Standardswww.e-publishing.af.mil/pubfiles/af/48/afi48/123v1/afi48-123v1.pdf

› U.S. Army

» Army Regulation (AR) 635-40,Physical Evaluation for Retention, Retirement, or Separationwww.usapa.army.mil/pdffiles/r635_40.pdf

» Army Regulation (AR) 40-501,Standards of Medical Fitnesswww.usapa.army.mil/pdffiles/r40_501.pdf

» Dept. of the Army Pamphlet (DA Pam.) 360-506,Disability Separationwww.army.mil/usapa/epubs/pdf/p360_506.pdf

› U.S. Coast Guard

» Commandant Instruction (COMDTINST) M1850.2D,Coast Guard Physical Disability Evaluation Systemwww.uscg.mil/ccs/cit/cim/directives/CIM/CIM_1850_2D.pdf

› U.S. Navy/Marine Corps

» Secretary of theNavy Instruction (SECNAVINST) 1850.4E, April 2002,Dept. of the Navy Disability Evaluation Manualhttp://doni.daps.dla.mil/Directives/01000%20Personnel%20Support/01800%20Military%20 Retirement%20 Services%20 and %20Support/1850.4E.pdf (must use “http”)

Additional Sources

› Major Thomas F. Dougall, Maximizing Survivor Benefits for FamilyMembers, 1990 Army Lawyer 12 (1990).

› James R. Julian, What You Absolutely, Positively Need to Know About thePhysical Evaluation Board, 1996 Army Lawyer 31 (1996).

› Thaddeus A. Hoffmeister, A Practitioner’s Note on Physical EvaluationBoards, 2001 Army Lawyer 49 (2001).

› Robert E. Webb & David C. White, Physical Disability Separation, atwww.louisvillelaw.com/federal/physical_disability_sep_1.htm.

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› Placement in MilitaryTreatment Facility

STATUS ANDBENEFITS ASSIGNED

1. Separation withoutbenefits if disability ispre-existing or not inline of duty

2. Separation withSeverance Pay if lessthan 30% disabilityrating and less than 20years of service

3. Permanent Disabilityretirement with monthlydisability retirementbenefits if 30% or overdisability rating, or 20or more years of service

4. Temporary DisabilityRetirement List (TDRL)if disability is unstable;will continue to receive aportion of active duty payand medical conditionwill be reevaluated on aregular basis

5. Post-separation, servicemembers may petitionthe Board of Correctionof Military Records fortheir respective militaryservice to amend PEBfindings and changedisability rating

Return toactive duty

Request review

Concur

AppealAppeal

The Disability Evaluation Process

*Service members found unfit may request special consideration to remain on active duty through Permanent Limited Duty, reclassification to a newMOS by their MOSMedical Retention Board (MMRB) or application for COAD.

Non-concur

› Three-member board: atleast one physician andone non- medical officer

› No formal hearing:paper review of servicemember's file

› Finds fit or unfit for duty› If unfit, assigns disabilityrating

› May concur and leavemilitary

› Right to non-concur:challenge findings informal PEB

FOUND UNFIT

› All service membersfound unfit have a rightto formal PEB

› Three-member board› In-person hearing› Right to legalrepresentation

› Finds fit or unfit for duty› If unfit, assigns disabilityrating

› Service member referredby physician

› Three-member board: atleast two physicians

› Evaluate illness/injury interms of ability to returnto MOS

› Determine whether or notservice member currentlymeets RetentionStandards

Does notcurrentlymeet

RetentionStandards

Found fit Found unfit*

Service members mayappeal formal PEBfindings to branch ofservice’s appellatereview agency.

› Service members mayconcur

› Service members mayrequest reconsideration

› No right to Formal PEB,but may request one

INFORMAL PHYSICALEVALUATIONBOARD (PEB)

FORMAL PEB

MEDICALEVALUATION BOARD

(MEB)

FOUND FIT

MeetsRetentionStandards

MEB RecommendsTemporary Limited Dutyfor specified period.Medical treatment maycontinue as necessary.

HOSPITALIZATION

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CHAPTER 3:DISABILITY RATING SYSTEM

Introduction

A s was discussed in Chapter 2, Disability Evaluation System, the DES process willresult in a disability rating based on the service member’s injuries. If a service member isunfit and separated from the military, this “military disability rating” will determinewhether or not the service member is eligible for DoD disability retirement pay. Servicemembers must have an aggregate disability rating of 30% or higher to qualify for disabilityretirement pay from the military. Service members with military disability ratings lessthan the 30% necessary for the military’s disability retirement pay will receive severancepay upon discharge from the military and may still be eligible for disability benefits fromthe Department of Veterans Affairs (VA). See Chapter 4, DoD and VA DisabilityCompensation, for more information on VA and DoD disability benefits.

In addition to the military disability rating, a service member who is separated from themilitary will also receive a disability rating from the VA. The VA disability rating is usedto determine eligibility for VA benefits. In evaluating the service member’s medicalcondition and generating the VA disability rating, the VA considers the totality of thechanges in the servicemember’s medical condition that occurred duringmilitary service.Because the VA considers all of a service member’s medical conditions, the VA disabilityrating may be higher than the military disability rating.

Both the military and the VA use the Veterans Administration Schedule for RatingDisabilities (VASRD) to evaluate service members’ disabilities. The following is a basicdiscussion of the VASRD and how it is applied by both the military and the VA to assigndisability ratings.

The Veterans Administration Schedule for Rating DisabilitiesWhat is the Veterans Administration Schedule for Rating Disabilities?

The VA established the VASRD, often referred to as the “disability rating schedule,” to aidin the evaluation of disabilities resulting from disease or injury incurred during or incidentaltomilitary service. It contains a list of codes that correlates injuries or illnesses to percentageratings that estimate the reduction in earning capacity resulting from the disability.

What does the VASRD require of a service member?

A service member must undergo a comprehensive medical examination in connectionwith his or her separation from themilitary. The application of the VASRDwhen assigninga VA disability rating requires a high level of completeness and accuracy in these medical

The VASRD is published in theFederal Register at 38 C.F.R. 4(2003) and is available onlineatwww.access.gpo.gov/nara/cfr/waisidx_03/38cfr4_03.htmland the VA website atwww.vba.va.gov/bln/21/Reference/index.htm.

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examinations. Subsequent changes in the law, medical knowledge or the servicemember’s medical condition may require that the service member undergo additionalmedical examinations and seek revised ratings.

Service members should be aware that the assignment of a disability rating will notautomatically result in benefits. Rather, the service member must submit an applicationfor the benefits they are seeking. For more information on VA disability benefits,see the section titled “VA Disability Benefits” in Chapter 4, DoD and VADisability Compensation.

Differences BetweenMilitary and VADisability RatingsDo the military and the VA disability rating processes differ?

The VASRD is the standard used by both the VA and the military to quantify a servicemember’s disability. PEBs use the VASRD to assign a disability rating when the PEBfinds a service member unfit. As described in Chapter 2, the military’s disability rating isused to determine eligibility for certain military benefits such as separation pay andmedical retirement. The VA uses the VASRD to assign a disability rating whendetermining a veteran’s eligibility for VA benefits.

Not all general policy provisions in the VASRD are applicable to the militarydepartments, and, consequently, a service member may receive a disability rating fromthe VA that differs from the rating assigned by the military. More specifically, themilitary will only consider the service member’s physical conditions that make him orher unfit for continued service. In contrast, the VA will consider all service-connecteddisabilities when assigning a disability rating. In addition, the VA process permitsreevaluation of service-connected disabilities if a condition worsens over time, if medicalscience permits an improved evaluation or if there is a change in the law governing theassignment of disability ratings. As a consequence, a VA disability rating generally isexpected to be equal if not higher than the military disability rating, and it may increaseafter the service member’s separation from the military.

PEBDisability Rating AssignmentHow is a disability rating assigned?

Once it has been determined that a service member is unfit, the PEBmust assign a disabilityrating to the service member’s conditions. Using the VASRD and the codes the VASRDassigns to specific medical conditions, the PEB evaluates the conditions and assigns a dis-ability rating percentage based on the severity of the disability. Disability ratings can rangefrom 0% to 100%, rising in increments of 10%. Total disability, or a 100% disability rating,is deemed to apply when the service member’s condition is severe enough to make gainfulcivilian employment impossible for an average person suffering from the same condition.

What if there is no VASRD code corresponding to the service member’sdiagnosed condition?

When a service member has a condition that is not listed in the VASRD, the PEB mayassign a disability rating by analogy to a closely related disease or injury.

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Will a disability rating increase if a service member has multiple, relatedconditions?

When a service member has multiple, related conditions, the conditions generally aremerged into one single VASRD code that covers all the conditions. However, in certaincases, multiple ratings for the same body part may be permitted if the symptoms fromthe separate conditions do not overlap.

How will an overall disability rating be determined if a service member hasmultiple, compensable disabilities?

When a service member has multiple, compensable disabilities, generally his or heroverall disability rating is based not on adding the multiple disability percentages, butrather on the combination of the percentages. This means that if a service member hasone disability rated at 40% and another rated at 30%, the overall disability ratinggenerally is not added to give an overall disability rating of 70%. Instead, the first disabilityis considered to reduce the service member’s total fitness from 100% (i.e., a wholeperson without any disability) to 60% (100% - 40% = 60%). The second condition isconsidered to reduce that remaining 60% total fitness by 30%, or a reduction of 18%(60% x 30% = 18%), yielding a combined total fitness of 42% and a combined overalldisability rating of 60% (the mathematical combined disability rating is 58%, or 100%- 42%, however, final disability ratings are always rounded to the nearest 10%, i.e., a 58%disability rating is rounded up to a 60% disability rating).

This combination process, which applies whenever a service member has more than onecompensable disability, is carried out in order of the most serious disability to the leastserious, ensuring that the service member receives the highest possible disability ratingfor the combined conditions.

Will a medical condition that existed prior to military service affect a servicemember’s disability rating?

A medical condition that existed prior to military service will not be given a disabilityrating unless the medical condition is permanently aggravated through service.Permanent service aggravation is considered to exist when military service permanentlyworsens a preexisting medical condition beyond that condition’s natural progression.Where permanent service aggravation to a preexisting condition occurs, a disabilityrating will be assigned, but the rating generally will only reflect the increase of the degreeof disability over that which existed at the time the service member joined the military.

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CHAPTER 4: DOD AND VA DISABILITYCOMPENSATION

Introduction

Both the Department of Defense (DoD) and the Department of Veterans Affairs(VA) have disability compensation programs that provide payments to service memberswho were injured, or whose medical conditions were aggravated, as a result of their mil-itary service. The programs include the DoD’s severance pay and disability retirementpay and the VA’s disability compensation and disability pension. Whether or not a serv-ice member receives payments under these compensation programs and how much heor she receives generally depend on his or her disability rating (either the rating con-ferred by the PEB or the VA, depending on the compensation program), years of serviceand, in some instances, his or her base pay. Disabled service members generally willreceive disability compensation from the VA, but some may be eligible to receive pay-ments from the DoD as well.

This chapter outlines only the DoD and VA disability compensation programs that maybe available to a disabled service member. Other financial assistance programs that maybe available to service members are discussed in Chapter 1, Immediate Concerns andChapter 7, Miscellaneous Federal Benefits. In all cases, service members are encouraged tocontact DoD and VA representatives in order to obtain in-depth and more personalizedinformation regarding each program.

This chapter should be read in conjunction with Chapter 10, Legal Assistance, whichaddresses the process for obtaining assistance for claiming VA benefits and the appealsprocess when a veteran desires to request the reconsideration of a VA benefitsdetermination. In addition, chapter 10 provides information on organizations that canhelp educate service members and veterans on benefits and, under certaincircumstances, may be permitted to represent an individual in front of the VA.

Reserve component service members must apply for the MRP and ADME programs bysubmitting an MRP or ADME packet to their respective branch of service.

Severance Pay and Disability Retirement PayWhen is a service member eligible for DoD disability compensation?

As a preliminary matter, a service member will be eligible for DoD disabilitycompensation – severance pay or disability retirement pay – only following a determinationthat the service member is unfit for duty and assigned a disability rating by a PEB. Onoccasion, a service member may have a scheduled separation date (e.g., end-of-servicecontract, administrative separation, voluntary retirement) that occurs prior to a fitness-

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for-duty determination by a PEB. (Service members generally will not be separatedwhile awaiting an MEB/PEB.) In such a situation, the service member’s separation willbe subject to a “presumption of fitness,” which means that the separation is presumed tooccur not as a result of a medical condition, even though the service member mayactually be separated after an “unfit for duty” determination by a PEB. This presumptionof fitness is not the same as a finding of fitness, but it does mean that the service memberwould not be entitled to DoD disability compensation unless the service member canshow that that military service was in fact interrupted because of the medical condition.

What types of DoD disability compensation are generally available?

Disabled service members separated from the military as a result of their disability areentitled to either severance pay or disability retirement pay, depending on factors suchas the disability rating assigned by the PEB and the number of years of qualifyingmilitary service the individual has as of the date of separation.

What is severance pay and when will a service member be entitled toreceive it?

Severance pay is a lump-sum, one-time payment that is calculated on the basis of theservice member’s base pay and number of years of service. A service member who isfound unfit to continue in the military, but who has a disability rating of less than 30%and less than 20 years of military service, is entitled to severance pay (but no disabilityretirement pay).

How is severance pay calculated?

Severance pay is calculated as follows:

Monthly base pay x 2 x years of service (up to a maximum of 12 years).

In applying this formula, six months or more of service is rounded up to the next wholeyear. When determining severance pay, the service member’s disability rating is notrelevant – there is no difference between a 0%, a 10%, or a 20% disability rating.

For example, suppose a service member has served for 7.5 years before being separatedfrom the military. If the service member is entitled to severance pay, and his or hermonthly base pay was $3,000, the payment would be equal to $48,000 ($3,000 x 2 x 8years (rounded up because of six months)).

What is disability retirement pay, and when is a service member entitled toreceive it?

Disability retirement pay is themonthly compensation paid under certain circumstancesby the DoD to a service member following separation. A service member will be entitledto disability retirement pay when he or she is separated from military service and placedon either the Permanent Disability Retirement List (PDRL) or Temporary DisabilityRetirement List (TDRL). Whether a service member is placed on the PDRL or TDRLwill determine the amount of disability retirement pay he or she receives. Servicemembers placed on the PDRL will receive disability retirement pay for life. However,there are no spouse or survivor benefits upon the service member’s death unless theservice member elects to participate in the Survivor Benefit Plan.

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When will a service member be placed on the PDRL? When will a servicemember be placed on the TDRL?

A service member will be placed on the PDRL if the service member is found unfit by aPEB and either receives a disability rating of 30% or more or the service member has atleast 20 years of military service on the date of separation. If the service member has lessthan 20 years of military service, the disability must have occurred in the line of duty orthe service member must have at least eight years of service to be placed on the PDRL.

If the service member is found unfit, but the medical condition is unstable such that anydisability rating assignment may be premature (because the disability may improve orworsen over time), the service member will be assigned to the TDRL for up to five years.A service member who is placed on the TDRL must undergo periodic medicalreexaminations (at least once every 18 months) to determine whether the disability hasstabilized. If the disability stabilizes or the disability does not stabilize within five years,the service member will go before a PEB and be found either fit and thus provided theopportunity to return to duty or unfit and separated from the military. If the disability israted at least 30% at that time and the service member otherwise qualifies, he or she willbe placed on the PDRL. If the service member is found fit but does not consent toreturn to duty, the service member will be separated without pay.

How is disability retirement pay calculated for a service member placed onthe PDRL?

A service member placed on the PDRL will receive disability retirement pay in theamount of the service member’s retired base pay multiplied by the greater of either:

Disability Rating Percentage

or

2.5% x number of years of service

For example, suppose a service member’s retired base pay is $20,000. In one case, theservice member has a disability rating of 40% and has served five years. His disabilityretirement pay will be $8,000 ($20,000 x 0.40), where the disability rating (40%) is usedbecause it is greater than 12.5% (2.5% x 5 years). In another case, the service memberhas a disability rating of 40%, but he has served 18 years. Now, 45% (2.5% x 18 years) isgreater than the disability rating of 40%, and it will be used in calculating disabilityretirement pay. His disability retirement pay will be $9,000 ($20,000 x 0.45).

Generally, the service member’s retired base pay is his or her highest basic pay receivedat the time of separation. For service members entering the military prior to September8, 1980, retired base pay is the average of the highest 36 months of the service member’sbasic pay.

The National Defense Authorization Act (NDAA) provided, however, that memberswith a disability rating of 50% or more and 20 or more years of service will receivedisability compensation over and above their retirement payments. The increaseddisability compensation is phased-in over a 10-year period. The phase-in is known asConcurrent Retirement and Disability Pay (CRDP) and is discussed in greater detail inthe section titled “Concurrent Receipt Payments” below.

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How is disability retirement pay calculated for a service member placed onthe TDRL?

Disability retirement pay for service members on the TDRL is calculated in the samemanner as for servicemembers on the PDRL. However, a service member on the TDRLwill receive no less than 50% of his or her retired base pay.

Do the years spent on the TDRL count toward establishing nondisabilityretirement eligibility?

No. Years of service on the TDRL are not credited toward nondisability retirement.However, any years spent on the TDRL are credited for computing basic pay levels.

Is a service member’s eligibility for other benefits affected by being placed onthe TDRL?

Yes. During temporary disability retirement, a service member is treated the same as aregular military retiree. As such, the service member is no longer eligible for certaintypes of benefits available to active duty service members such as housing allowancesand similar benefits.

Are there circumstances under which a disabled service member can beseparated from service without severance pay?

Yes. If a disability is determined to be the result of intentional misconduct or willfulneglect or incurred during a period of unauthorized absence, the service member is noteligible to receive a severance payment.

VA Disability BenefitsThe VA pays disability compensation to veterans who become disabled while serving inthe armed forces or whose preservice ailments are made worse by such service. As isoften the case, the same disability that entitles the service member to monthly disabilityretirement payments or a lump-sum severance payment from the DoD also entitlesservice members to monthly VA disability compensation.

VA’s disability compensation is paid monthly and is calculated on the basis of theservice member’s VA disability rating – rank and years of service do not factor into theVA disability compensation calculation. VA disability payments do vary, however, basedon the degree of a servicemember’s disability and the number of dependents he or she has.

The VA’s disability rating is entirely separate from the DoD’s. While the PEB andMEB make a determination on the service member’s medical condition and ability tocontinue to serve based on a service member’s particular injury, the VA disability ratingtakes into account all the service member’s disabilities and medical conditions to arriveat a combined disability rating.

Service members with at least a 10% combined disability rating are eligible to receive VAdisability compensation payments.

The VA also provides a needs-based disability pension if the servicemember is a wartimeveteran with limited income, who is no longer able to work and is aged 65 or older.

Toapply forVAbenefitprogramsonline, go towww.vabenefits.vba.va.gov/vonapp/main.asp. Printedversionsof all formsmaybefoundat www.vba.va.gov/vaforms/. Inaddition,VARegionalOffice representativesareavailable toassist over thephoneat (800)827-1000;additional information isavailableathttp://www.vba.va.gov/bln/21/Benefits/.

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How does a disabled service member qualify for VA disability compensationbenefits?

In order to be eligible for VA benefits generally, and VA disability compensationspecifically, a claimant must be a veteran, defined by the VA as “a person who served inthe active military, naval, or air service, and who was discharged or released therefromunder conditions other than dishonorable.” The VA uses a claimant’s military servicerecords to determine a claimant’s “veteran” status. Generally, the VA requiresdocumentation of the service member’s length, time and character of service, such as aForm DD-214, Certificate of Release, or Discharge from Active Duty.

For a Reserve Component service member the requirement of service “in the activemilitary, naval or air service” is met if he or she was disabled from an injury that occurredin the line of duty during a period of active duty or training.

Havingmet the service and discharge requirements, to receive VA disability compensationthe veteran must demonstrate three elements: (1) a medical diagnosis of the currentdisability; (2) medical evidence, or in some cases lay evidence, of an in-service injury;and (3) a link between the in-service injury (or aggravation of a preexisting condition)and the current disability.

What is the difference between VA disability compensation and a VAdisability pension?

Disability compensation provides a monthly benefit to the service member if he or shehas a combined disability rating of at least 10% as a result of his or her military service.The amount of the benefit varies based on the severity of the disability.

A disability pension, on the other hand, is a needs-based program that is only availableto wartime veterans meeting certain income requirements who are 65 years old or olderor considered to be permanently disabled from a disability that is not service-related.The amount paid under the VA disability pension program varies based on level of need.

A veteran cannot receive both disability compensation and disability pension simultaneously.

Are there differences between DoD disability payments and VAdisability payments?

Yes. Disability payments from the DoD and the VA differ for a number of reasons.However, three important reasons are worth highlighting. First, although both programsuse the VASRD to determine disability percentages for specific conditions, the programscalculate a service member’s assigned disability rating differently: the DoD considersonly the conditions that occur from the illness or injury that brings the service memberbefore the PEB, while the VA considers the totality of all of a service member’s medicalconditions incurred or aggravated by military service. Second, the DoD disabilitypayments are contingent on a service member’s rank and length of service. The VAdisability payments are dependent only upon the severity of the service member’sdisabilities. Finally, theDoD assigns a permanent disability rating at the time of separationand assignment to the PDRL. This permanent disability rating from the DoD does notchange and determines the DoD disability payments that the service member willreceive. The VA disability rating, however, is not a permanent rating and it can beadjusted as the service member’s condition, medical science or the law changes.

For more detailed informationabout this and other VA benefitprograms go towww.vba.va.gov/benefit_facts/index.htm.To speak with a VA representa-tive about VA benefit programscall (800) 827-1000.

Veterans may access theirmilitary records online bygoing to www.archives.gov/veterans/evetrecs/index.html.

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Are disabled service members who served less than two years still eligible forVA disability benefits?

Yes. Individuals enlisting on or after September 7, 1980 become eligible for most VAbenefits only after serving a minimum of two years. However, if the disability wasservice connected, the service member would become eligible to receive VA disabilitycompensation no matter how long he or she served.

In addition to the basic VA disability compensation, are there any additionalpayments a service member may be eligible to receive?

Yes. Depending on the severity of a service member’s injury and number of dependents,he or she may be entitled to Special Monthly Compensation, additional compensationfor dependents and payments to overcome a lack of employability.

Special Monthly Compensation (SMC): Service members who sustain particularlysevere injuries, such as amputations, blindness, and other severe traumas, are eligible toreceive additional monthly payments above and beyond the basic VA disability compen-sation. SMC rates take into account attendant care or other special needs resulting fromsevere injuries. Additional payment amounts range from $2,678 to $7,198 per monthdepending on the disability and the disability rating assigned by the VA.

Dependents: Veterans receiving VA disability compensation and assigned a disabilityrating of at least 30% are eligible for adjustments to their VA disability payments accordingto the number and, in the case of children, the ages of their dependents. Dependingupon the disability rating of the service member, monthly VA disability paymentadjustments for a spouse range from $40 to $135 and for a dependent child range from$27 to $91. Additional adjustments are made for each additional child and certainfurther adjustments are made for children who enrolled in school after age 18.

IndividualUnemployability (IU): The VA provides additional benefits to veteran serv-ice members who are unemployable because of their service-connected disabilities.Under the program, the VA can grant total disability compensation (as if the servicemember had a 100% disability rating) to service members with disabilities rated 60% orhigher and who cannot work. In certain cases, service members with disabilities ratedless than 60% may be given Individual Unemployability benefits. Thus, under certain cir-cumstances, a service member who is not employable due to his or her disability can stillreceive total disability compensation, despite not being rated 100% disabled by the VA.

If the veteran receives both DoD disability retirement and VA disabilitycompensation payments, does he or she receive the full amount of each?

Unless the veteran qualifies for one or two special DoD programs that provides extrapayments (described below), the DoD retirement benefit is offset dollar-for-dollar bythe amount of the VA compensation benefit. Thus, the veteran will not receive morethan he or she would get from either payment, whichever is larger.

For details on VA disabilitycompensation rates, visitwww.vba.va.gov/bln/21/Rates/comp01.htm.

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Applications for CRSC must besubmitted to:

Air ForceUnited States Air ForcePersonnel CenterDisability Division (CRSC)550 C St. West, Suite 6Randolph AFB TX 78150-4708Phone: (800) 616-3775

ArmyU.S. Army Physical DisabilityAgency (CRSC)200 Stovall St.Alexandria, VA 22332-0470Phone: (866) 281-3254

Coast GuardCommanding Officer (RAS)U.S. Coast Guard PersonnelService Center444 SE Quincy St.Topeka, KS 66683-3591Phone: (800) 772-8724

Navy and Marine CorpsDepartment of the NavyNaval Council of PersonnelBoardsCombat-Related SpecialCompensation Branch720 Kennon St. S.E., Suite 309Washington Navy Yard, DC20374-5023Phone: (877) 366-2772

Concurrent Receipt PaymentsWhat DoD programs provide additional benefits to compensate for the offsetof VA disability compensation?

The Combat-Related Special Compensation (CRSC) programs and ConcurrentRetirement & Disability Payments (CRDP) programs are DoD programs that provideextra payments to qualifying veterans whose DoD disability retirement benefit paymentsare offset by VA disability compensation.

Veterans who are eligible for both programsmay only receive one benefit at a time, eitherthe CRSC or the CRDP, but they may switch programs on a yearly basis. Please see thediscussion below under “How can a veteran switch between the CRSC and CRDP pro-grams?” for details on making a benefits program selection.

Who is eligible for the CRSC?

Veterans with at least 20 years of service and a qualifying injury who are assigned adisability rating of at least 10% by the VA are eligible for CRSC. Qualifying injuriesinclude (1) injuries as a direct result of combat; (2) injuries sustained during hazardousduty (e.g., parachute duty); (3) injuries incurred during simulated combat conditions(e.g., field training); and (4) injuries sustained through an instrumentality of war (e.g.,combat vehicles or weapons). To receive CRSC payments, veterans who believe theyare eligible for the program must apply to their particular branch of service. CRSCpayments generally restore the full amount of the VA disability compensation offsetfor the qualifying injury or injuries.

Who is eligible for the CRDP?

Veterans whose disability rating is 50% or higher and have at least 20 years of service areeligible for the CRDP. The program does not involve distinct payments, as with theCRSC, rather the CRDP provides, over a period of ten years, a gradual reduction of theoffset a veteran must take on his or her DoD pay when he or she is also receiving VAdisability payments. After the 10-year period has elapsed, the veteran will be entitled tohis or her full retirement pay in addition to any VA payments.

How does a veteran apply for the CRDP?

Qualifying veterans are automatically enrolled in the CDRP; no separate application isnecessary to enroll in the CRDP.

Why might a veteran choose one program over the other?

Veterans should consider the differences between the CRSC and CRDP programs beforechoosing one program over the other. To begin with, CRSC payments are not taxable.CRDP payments, on the other hand, are subject to tax. The taxability of the benefitspayments alone, however, is not the only consideration; the CRDP paymentsmay be higherthan the CRSC payments. Under the rules of the CRSC, the program eliminates the offsetonly for liabilities that are “qualifying injuries” (as discussed above under “Who is eligible forthe CRSC?”). Consequently, the elimination of the offset under the CRSCmay be less thanthat under the CRDP, which will eliminate the offset for all qualified recipients of VA rateddisabilities. For example, a veteranwho is eligible for both programsmight prefer theCRDPif only 10% of his or her 50%VA disability rating qualifies for the CRSC.

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Online applications for all VAbenefits are available atwww.vabenefits.vba.va.gov/vonapp.

For additional information,contact the VA toll free at (800)827-1000.

For specific information aboutVA Disability Pension rates go towww.vba.va.gov/bln/21/Rate/pen01.htm.

How can a veteran switch between the CRSC and CRDP programs?

Veterans who are enrolled in one of the programs and are eligible for both will be sentan Open Season election form in the mail every year. If the veteran wishes to changeprograms, he or she must fill out the form and send it to the Defense Finance &Accounting Service at the address below. If the veteran does not wish to changeprograms, he or she can simply ignore the mailing.

Defense Finance & Accounting ServiceU.S. Military Retirement ServiceP.O. Box 7130London, KY 40742-7130

More information about choosing between the CRSC and CRDP programs can befound at www.military.com/benefits/military/pay/retired/pay/comparing/crsc/crdp.

VADisability PensionThe VA Disability Pension is a monthly pension paid to wartime veterans who havelimited income and who are either permanently or totally disabled or over age 65.

Who is eligible to receive VA Disability Pension payments?

A retired service member may apply to receive a VA Disability Pension if he or she:

(1) was discharged from service under other than dishonorable conditions;

(2) is totally or permanently disabled, or is aged;

(3) (a) served on active duty for 90 days, with at least one day during aperiod of wartime; or (b) enlisted after 1980, and generally served at least24 months or for the full period for which called or ordered to activeduty; and

(4) has a yearly family income below a minimum set by law.

What is the benefit payment under the VA Disability Pension Program?

The VA Disability Pension will pay the difference between the veteran’s yearly familyincome and certain minimum amounts based on the veteran’s medical condition andthe number of dependents the veteran has.

How does a veteran apply for benefits?

A veteran must submit a VA Form 21-526, Veteran’s Application for Compensationand/or Pension, available at www.vba.va.gov/pubs/forms/21-526.pdf to the VA alongwith available proof of eligibility. Details concerning the program, how to apply and theeligibility documentation are available at www.vba.va.gov/benefit_Facts/index.htmunder the heading “Veterans with Limited Income.”

How does someone request a redetermination of VA benefits?

For a discussion of the process for requesting a redetermination of VA benefits andinformation on where to obtain assistance with making claims for benefits andredeterminations with the VA, please see Chapter 10, Legal Assistance.

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CHAPTER 5: HEALTH CARE: MEDICAL,PSYCHOLOGICAL AND DENTAL CARECOVERAGE

Introduction

Obtaining health care, whether medical, psychological or dental care, is important forany individual or family, but it is especially important for injured service members andtheir loved ones. Fortunately, the federal government provides a range of health careoptions for both service members and their families while the service member remainson active duty and during the service member’s transition out of the military. Similarly,the VA provides a number of health care options for service members and disabledservice members following separation from the military.

In general, an active duty service member’s health care, and the health care of his orher dependents, are provided through one of the TRICARE programs until the serv-ice member leaves active duty. Similarly, a reservist and his or her family can receivehealth care coverage through TRICARE Reserve Select (TRS) until discharge.However, an injured reservist must apply for either the Medical Retention Processing(MRP) Program or the Active Duty Medical Extension (ADME) Program in order tocontinue to receive salary and regular service benefits, including continued TRS cov-erage for dependents. For more information about the MRP and ADME programs,see Chapter 1, Immediate Concerns.

Can service members seek treatment at a private medical care facility or adoctor outside of the military medical care system?

Yes, service members can receive medical treatment or care outside of the military caresystem. However, service members should follow certain procedures to minimize thepotential for out-of-pocket costs for such treatment or care.

Service members covered by TRICARE have primary medical care providers assignedto them. If a service member’s primary medical care provider provides a referral to aprivate, civilian medical care facility or doctor, TRICARE will generally cover the cost ofprivate care. Alternatively, service members may seek treatment from private, civilianmedical care providers without a referral, but service members should consider thepotential for out-of-pocket costs before doing so.

Private civilian medical care providers fall into two categories: those that are“TRICARE-participating providers” and those that are “non-TRICARE-participatingproviders.” In order to participate in TRICARE, providers agree not to bill more than apredetermined allowable charge for given treatments. Non-TRICARE-participatingproviders are not limited in the amount that they can charge.

TRICARE has a number of plansavailable to service membersand their dependents:

TRICAREPrime – Free ofcharge to all active duty servicemembers (who are required toenroll) and their dependents,and has the lowest out-of-pock-et expenses (i.e., co-paymentsand deductibles). Enrollment isnot automatic; beneficiariesmust complete the proper formsto receive coverage. Medicalcare is provided mostly at mili-tary treatment facilities (MTFs),and referrals are required forspecialty care.

TRICAREStandard – Defaultcoverage plan, no enrollment isrequired for coverage ofdependents. Beneficiaries maychoose among wider rangeTRICARE-certified/authorizedproviders. Out-of-pocketexpenses (co-payments anddeductibles) are higher thanTRICARE Prime.

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TRICARE members who obtain medical care from a TRICARE-participating providerbut who do not have a referral may have to pay a predetermined share of the cost oftreatment. TRICARE members who seek care from non-TRICARE-participatingproviders without a referral may have to pay even more. In the event that a TRICAREmember seeks care from such a non-TRICARE participating provider without a referralto that provider, the member will have to pay any difference between the actual cost oftreatment and TRICARE’s maximum allowable charge for the same care. Because thesenon-TRICARE-participating providers do not participate in TRICARE, they have notagreed to any maximum allowable charge, and these providers may and often do chargemore than TRICARE participants.

After separation, a service member can seek temporary health care through theTransitional Assistance Management Program (TAMP) and the Continued HealthCare Benefit Program (CHCBP), both from the VA. The VA also provides manydifferent kinds of health care to veterans and discharged service members free of charge.Included among these services is mental health care aimed at helping service memberstransition back into civilian life.

The next part of this chapter describes various health care benefits available to retiredservice members and their families and how to apply for them. The first part addressesthe VA programs that provide medical, dental andmental health care services for formerservice members, and the second part focuses on benefits for families of those formerservice members. Finally, the last part of this chapter provides some basic informationregarding the federal government’s Medicare and Medicaid programs as well as otherfederal benefits. Taken together, these programs can go a long way to ensuring the healthand well-being of an injured service member and his or her loved ones.

Programs for Service Members

Health Care CoverageAre discharged service members eligible to receive health care coverage?

The VA provides medical care for service members who are discharged from the military(including discharged reservists and members of the National Guard who were activatedfor federal service) and meet certain eligibility requirements.

For example, discharged service members who served in combat are entitled to free VAmedical care for certain medical conditions during a 2-year period following separationfrom themilitary. The VA generally determines eligibility on the basis of any disabilities,whether such disabilities were incurred in the line of duty and the financial resources ofthe individual.

Generally, all discharged service members who were disabled by an injury or disease thatwas incurred or aggravated in the line of duty during active military service are eligiblefor VA medical care, including care for illnesses or injuries unrelated to the militaryservice. Discharged service members whose disabilities originated outside of active dutymay also apply for VA medical benefits. They may be eligible for VA health care if theyhave been discharged under other than dishonorable conditions, and either have 24months of continuous active duty, or started active duty as an enlisted person before

TRICAREExtra – Option allowsTRICARE Standard beneficiariesto save on out-of-pocketexpenses by using a TRICAREPrime network provider.TRICARE Extra requires noenrollment or additional fees;it automatically applies whena beneficiary makes anappointment to see a TricarePrime network provider.

TRICAREReserveSelect (TRS)– Reservists can obtain cover-age for themselves and theirfamilies. TRS has three tiers.

› Tier1– Available forpurchase by reservistswho have served at least90 days of active duty (orwhose service was inter-rupted by service-connected injury, illness,or disease). Enrollmentrequires execution of a TRSService Agreement whileserving on active duty orwithin 90 days of releasefrom active duty.

› Tier2– Available forpurchase by reservistseligible to receive unem-ployment benefits and whoare not otherwise eligiblefor health care coveragethrough an employer, orwho are primarily self-employed. Coverage iseffective for one year at a

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September 8, 1980 or as an officer before October 17, 1981. Discharged servicemembers who do notmeet these active duty standardsmay still be eligible for care if theywere reservists or National Guard members who were activated and completed the termfor which they were called. VA health care may also be extended to discharged servicemembers who do not fit the criteria above.

Discharged service members with no VA rated disabilities or other special eligibilityfactor will be required to submit financial information to determine their eligibility forfree or low-cost medical care. Under many circumstances, a discharged service memberwho does not have a VA rated disability will be required to pay a small portion of the costof the medical care (a co-pay).

As mentioned above, discharged service members who served in a combat theater afterthe Gulf War or in combat during a period of “hostilities” after November 11, 1998, areentitled to free VA medical care for conditions possibly related to military service for a2-year period following separation. For purposes of eligibility for this VA medical care,the VA defines “hostilities” as a conflict with dangers comparable to a period of war andaccepts combat service medals, proof of receipt of hostile fire or imminent danger payand proof of tax benefits as proof of combat service.

To receive any VA medical benefits, including the free medical care for dischargedservice members who served in combat, a discharged service member must apply bysubmitting VA Form 10-10EZ, Application for Health Benefits. Details concerning theapplication process and the procedures are available at www.va.gov/1010EZ.htm.

The discharged service member, or the individual to whom he or she has delegatedpower of attorney, must sign and date the form. If the discharged service member isunable to sign his or her name, two witnesses whom the discharged service memberknows are required to sign the form and print their names.

What supporting documentation should be submitted with the applicationform?

A discharged service member can reduce his or her application’s processing time by alsosubmitting a copy of his or her discharge papers from themilitary (FormDD214,Reportof Separation) and, if applicable, military service records indicating the receipt of a PurpleHeart or other evidence of service in a combat zone or in an area of hostilities. Evidenceof combat service can include combat service medals, proof of receipt ofhostile fire or imminent danger pay and proof of tax benefits for combat service.

How can a discharged service member get help in completing the applicationfor VA medical benefits?

For help completing the application form, a discharged service member may contact thefollowing:

› The enrollment coordinator at the discharged serviceman’s local VAMedical Facility or clinic;

› The VA’s Health Benefits Service Center at (877) 222-VETS (8387);

› A state or county veterans service officer; or

The TRICARE Handbook offers acomprehensive overview ofplans and benefits: www.tri-care.mil/TricareHandbook/default.cfm.

Tools to compare TRICAREplans and select plans arefound atwww.hnfs.net/bene/benefits/tricareOptions/Reasons+to+Choose.htmandwww.tricare.mil/reserve/reserveselect/TRS-CompareTable06.cfm.

Information about eligibility forVA care is available atwww.va.gov/healtheligibility/eligibility/DetermineEligibility.asp.

For specific questions abouteligibility for VA health care callthe toll free central VA benefitsline at (800) 827-1000, or findyour nearest VA center atwww1.va.gov/directory/guide/home.asp?isFlash=1.

time. Enrollees mustrequalify annually andpurchase each year’s cov-erage before December 31of the preceding year.

› Tier3 – Available for pur-chase by reservists who donot qualify for Tier 1 or 2.Coverage is effective forone year at a time and hasthe same applicationdeadline as Tier 2.

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› A service officer with a veterans service organization, such as theWounded Warrior Project, American Legion or Veterans of ForeignWars. For a listing of veteran service organizations, visit www1.va.gov/vso/.

A listing of local VAMedical Facilities and clinics is available at www.va.gov/directory.

How does the VA prioritize applicants for its medical services?

Even though the VA will provide medical care for free or at reduced cost, resources arelimited. As a consequence, the VA prioritizes all applicants for medical care enrollmentaccording to a number of factors, such as disability rating, the receipt of a Purple Heartaward, and, in certain circumstances, financial resources of the applicant. After the VAverifies a discharged service member’s eligibility for enrollment for medical care, the VAplaces him or her in a priority group. The priority groups range from 1 to 8 with 1 beingthe highest priority for enrollment. For example, under current rules, priority 1 is givento discharged service members with VA disability ratings of 50% or more and to thosedischarged service members determined by the VA to be unemployable because ofservice-connected conditions.

The VA will enroll veterans to the extent that congressional appropriations allow.Changes in available resources may reduce the number of priority groups the VA is ableto enroll. If this occurs, the VA will publicize any changes and notify affected enrollees.

What benefits are discharged service members eligible to receive?

The following services are available to all discharged service members who are enrolledfor VA health care:

› Preventative care services, including immunizations, physicalexaminations, health care assessments, screening tests, and healtheducation programs;

› Ambulatory (outpatient) diagnostic and treatment services, includingmedical, surgical, mental health, and substance abuse care;

› Hospital (inpatient) diagnostic and treatment services, including medical,surgical, chiropractic, mental health, and substance abuse care; and

› Medications and supplies including prescription medications, over-the-counter medications, and medical and surgical supplies. Generally,these must be prescribed by a VA provider and be available under VA’snational formulary.

The VA may also provide additional services in limited circumstances.

Is there any advocate within the VA system whom veterans or theirfamily members can contact with questions concerning his or herongoing treatment?

Yes. Every VA medical center has at least one patient advocate who is responsible foraddressing patients’ questions and concerns and for acting as a liaison between patientsand family and medical care providers.

Formore informationonprioritygroups, please visitwww.va.gov/healtheligibility/library/pubs/EPG.

VA Form 10-10EZ, Applicationfor Health Benefits, can beobtained in the following ways:

› Downloading VA Form10-10EZ from the VA websiteat https://www.1010ez.med.va.gov/sec/vha/1010ez/and submitting it online ordelivering in person (or by fax),to any local VA medicalcenter or clinic;

› Visiting, calling or writingany VA health care facility orVeterans Benefits Office; or

› Calling the VA’s HealthBenefits Service Center,toll free at (877) 222-VETS(8387), Monday throughFriday between 7:00 a.m.and 8:00 p.m. Eastern Time.

A listing of VA medical facilitiesand clinics is available atwww.va.gov/directory.

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Are there restrictions on getting care in private facilities?

Yes. Care in private facilities at VA expense is provided only in very limitedcircumstances. Discharged service members can determine if they are eligible forprivate care at VA expense by contacting their local VA medical facility.

What is the coverage for emergency services?

TheVA provides only limited emergency care at VA facilities, and inmost circumstancesthe VA will not pay for emergency care treatment in private facilities. However, the VAwill pay for private emergency care if the care is for a service-connected condition. TheVA will also pay for private emergency care if all of the following apply:

› The discharged service member is enrolled for VA health care and hasreceived care from a VA facility in the last 24 months;

› The emergency treatment was given in a hospital emergency departmentor similar emergency facility;

› It was not possible for the discharged service member to get treatment ata VA facility;

› A reasonable person would think that any delay in medical attentionwould seriously endanger the discharged service member’s health orlife; and

› The discharged service member has no other VA coverage, insurance cov-erage, Medicaid, or public insurance coverage and no other personis responsible for paying.

If all of the above are true, the service member does not need to get VA approvalbefore going to the emergency room. However, the service member, service member’srepresentative, or the treating facility should contact the VA within 48 hours to arrangea transfer to VA care if hospitalization is required. As soon as the service member’scondition stabilizes, the VA will arrange to transport the service member to a VA, orVA-designated, facility.

Does the VA provide long-term care benefits to discharged service members?

The VA provides the following long-term care services to discharged service memberswho qualify for VA health care:

› Geriatric evaluation;

› Adult day health care;

› Respite care;

› Home care; and

› Hospice/palliative care.

The VA provides institutional long-term care to some discharged service membersthrough VA nursing homes, community nursing homes, state veterans homes andresidential care homes. Discharged service members automatically qualify for nursinghome care if one of the following applies: they have a disability rating of at least 70%;

For more information on VAlong-term care benefits, pleasevisit www.va.gov/healtheligibility/coveredservices/SpecialBenefits.htm.

For more information on VAhealth care benefits please visitthe nearest VA regional office,which can be located atwww.va.gov/directory,or call the VA toll free at(877) 222-VETS (8387).

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they have a disability rating of at least 60% and are unemployable; or if the VAdetermines they require nursing home care for a service-connected condition. Otherdischarged servicemembers may be eligible for nursing home care if space and resourcesare available.

Discharged service members who do not require all the services provided by a nursinghomemay qualify for nursing home or domiciliary care, some of which may be providedin state-run veterans homes. Domiciliary care is provided for veterans who are not inneed of hospitalization or nursing care services, but who are suffering from ailments thatprevent them from earning a living. Domiciliary care provides food, shelter, medical careand special rehabilitative programs to eligible veterans.

What does VA health care cost?

Treatment for service-connected conditions is free. Some discharged service membershave co-pays for treatment of their non-service-connected conditions. For moreinformation please contact a local VA health care facility.

Should a discharged service member cancel his or her privatehealth insurance?

The existence of private health insurance will not affect a discharged service member’seligibility for VA health care. However, the VA encourages all discharged servicemembers to retain any health care coverage they may already have because familymembers generally do not qualify for VA health care and the VA cannot guarantee thatthe discharged service members will remain eligible for health care coverage in thefuture. In addition, private health insurance may cover certain medical treatments thatare not covered by VA health care.

Are there any health care programs that cover the transition period betweendischarge from the military and the start of VA health care coverage orprivate health insurance?

Yes. Discharged service members (both active duty service members and reservists whoseparate after being called to active duty formore than 30 days) and their dependents areeligible for the Transitional Assistance Management Program (TAMP). TAMPprovides transitional TRICARE coverage for 180 days. Eligibility for TAMP is dependenton the accuracy of the beneficiary’s information in the Defense Enrollment EligibilitySystem (DEERS). If the service member was formerly enrolled in TRICARE Prime,they must re-enroll in the plan. For details on enrolling in TRICARE Prime andDEERS information, please refer to “Health Care Coverage” under “Programs forSpouses and Dependents” below.

Discharged service members and their families who have lost their TRICARE eligibility,including expiration of TAMP eligibility, are also eligible for temporary coverage in theContinued Health Care Benefit Program (CHCBP). CHCBP is a congressionallymandated, government-sponsored, premium-based health plan that provides temporarycontinuation of military health system benefits. CHCBP is administered by HumanaMilitary Health Care Services. CHCBP is not part of TRICARE but uses existingTRICARE providers and operates under most of the rules and procedures ofTRICARE Standard.

The CHCBP Handbook, whichcontains details on the CHCBPprogram, can be found atwww.humana-military.com/chcbp/pdf/handbook.pdf.

For more information on theTransitional AssistanceManagement Program, visitwww.tricare.osd.mil/TricareHandbook/results.cfm?tn=1&cn=17.

For more information on theContinued Health Care BenefitProgram, visit www.humana-military.com/chcbp/main.htm.

For a listing of VA health carebenefits, please visitwww1.va.gov/directory/guide/home.asp?isFlash=1.

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What is the enrollment process for CHCBP?

To obtain coverage, the service member must enroll in the CHCBP within 60 days ofseparation from active duty or loss of eligibility for military health care. To enroll, senda completed DD Form 2837, Continued Health Care Benefit Program (CHCBP)Application, which can be found at www.humana-military.com/chcbp/pdf/dd2837.pdf,along with a check for the premium payment (the cost of premium is listed on theapplication form) for the first 90 days of coverage to Humana Military Health CareServices, Inc., Attn: CHCBP, P.O. Box 740072, Louisville, KY 40201.

How long does coverage under CHCBP last?

CHCBP coverage is limited to 18 months from the day after the loss of military benefitsor the end of TAMP coverage.

Mental Health Care CoverageAre mental health services available under the standard VA medical benefitspackage?

Yes. The standard VA medical benefits package covers mental health care services,including in-patient and out-patient diagnosis and treatment. The standard package alsocovers certain specialty services such as treatment for post-traumatic stress disorder,depression, bipolar disorder, anxiety disorder and substance abuse. In addition, theVA provides readjustment counseling to assist combat veterans in their transition tocivilian life.

Where can veterans and their families find more information on mentalhealth care services?

The Veterans Health Administration (VHA) website contains information on healthbenefits for veterans and links to many useful resources: www1.va.gov/health/.

My HealtheVet (MHV), VHA’s e-health portal website, contains links to VA and otherfederal health benefits as well as information on many health conditions affectingveterans: www.myhealth.va.gov. The website also offers free anonymous screens forveterans who think they might be experiencing symptoms of depression, PTSD oralcohol abuse. The screens are available by clicking the “Go to My HealtheVet” link, thenclicking on the “Research Health” tab and choosing the “Mental Health” tab that appears.Screens are confidential – no information is retained in a veteran’s MHV account, butveterans may print out their results to show to a physician or mental health professional. Ascreen is not a substitute for a professional evaluation, but it can help veterans determine iftheir symptomsmight indicate the need for further evaluation or treatment.

The Mental Health Self-Assessment Program offers free anonymous mental healthevaluations for veterans at www.militarymentalhealth.org. Self-assessment surveys areavailable for depression, bipolar disorder, anxiety disorders, PTSD and alcohol abuse.These surveys are completely anonymous; they do not ask for a name, email address orany other identifying information.

The National Center for PTSD website contains a wealth of information on PTSD,including guides for self assessment and resources for veterans seeking help:www.ncptsd.va.gov/ncmain/index.jsp.

The website mentalhealth-screening.org provides onlinefact sheets on the followingconditions:

AlcoholAbuse:www.mentalhealthscreening.org/downloads/sites/docs/military/MP2006_FAQ_Alcohol.pdf

AnxietyDisorders:www.mentalhealthscreening.org/downloads/sites/docs/military/MP2006_FAQ_Anxiety_Disorders.pdf

BipolarDisorder:www.mentalhealthscreening.org/downloads/sites/docs/military/MP2006_FAQ_BIPOLAR_DISORDERS.pdf

Depression:www.mentalhealthscreening.org/downloads/sites/docs/military/MP2006_FAQ_Depression.pdf

PTSD:www.mentalhealthscreening.org/downloads/sites/docs/military/MP2006_FAQ_PTSD.pdf

SuicideQuestionnaire:www.mentalhealthscreening.org/downloads/Sites/Docs/Military/SRQforMilitaryHomepage.pdf

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Military OneSource has a website with a “HealthyHabits” section containing a variety ofuseful information on mental health. Visit www.militaryonesource.com and choose“HealthyHabits” from the “Browse by Category”menu on the left-hand side of the page.

State Departments of Mental Health may offer resources for veterans and their families.See the State Benefits Section of this handbook for more information.

Where should a veteran go when seeking mental health services covered underthe VA Medical Benefits Package?

Veterans seeking mental health care should contact their local VA medical center. Anonline directory is available at www1.va.gov/directory/guide/home.asp?isFlash=1.

Who is eligible for the mental health services offered under the standard VAMedical Benefits Package?

Any discharged service member who is eligible for VA medical treatment can also applyfor mental health services.

What is the application process for the mental health services offered underthe standard VA Medical Benefits Package?

A discharged service member who has not previously enrolled or applied for VA healthbenefits can apply by completing VA Form 10-10EZ, Application for Health Benefits.Veterans should visit www.1010ez.med.va.gov/sec/vha/1010ez/ for more information.This website allows veterans to view or print a blank copy of the form or fill out a formonline. Veterans who have previously applied for VA mental health care services andwish to update their information should fill out VA Form 10-10EZR, Health BenefitsRenewal Form, by visiting www.1010ez.med.va.gov/sec/vha/1010ez/1010ezr.asp.Please refer to the above subsection titled “Health Care Coverage” for more informationconcerning VA Form 10-10EZR.

Readjustment CounselingWhat is readjustment counseling?

Readjustment counseling assists combat veterans in their transition from military tocivilian life. Readjustment counseling includes the following services:

› Individual counseling;

› Group counseling;

› Marital and family counseling;

› Bereavement counseling;

› Medical referrals;

› Assistance in applying for VA benefits;

› Employment counseling;

› Substance abuse assessment and referral; and

› Military sexual trauma counseling.

To find the address of thenearest Vet Center, visitwww.va.gov/rcs/VetCenterDirectory.htm. Vet Center staffare also available toll freeduring normal business hoursat (800) 905-4675 (EasternTime) and (866) 496-8838(Pacific Time).

For more information onReadjustment Counseling, visitwww.va.gov/rcs/.

VA Form 10-10EZ, Applicationfor Health Benefits, can beobtained in the following ways:

› Accessing the VA’s website,www.va.gov/1010EZ.htm;

› Visiting, calling or writingany VA health care facilityor Veterans BenefitsOffice; or

› Calling the VA’s HealthBenefits Service Center,toll free at (877) 222-VETS(8387), Monday throughFriday between 7:00 a.m.and 8:00p.m.EasternTime.

For information on the VAMedical Benefits Package, visitwww.va.gov/healtheligibility/coveredservices/standardbenefits.asp.

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Readjustment counseling is provided at community Vet Centers in all 50 states andmostU.S. territories and possessions.

Who is eligible for readjustment counseling?

A discharged service member who served in any combat zone and received a militarycampaign ribbon is eligible for readjustment counseling. Family members of combatveterans are also eligible for readjustment counseling for military-related issues.

What does readjustment counseling cost?

Readjustment counseling is free for all eligible veterans and their families.

Dental Care CoverageAre discharged service members eligible to receive dental care coverage fromthe VA?

Eligibility for VA dental care is more limited than eligibility for VA health care. A dischargedservicemember is eligible for dental benefits if his or her dental care needs arise from:

› a compensable service connected dental condition;

› a non-compensable-service connected dental condition resulting fromcombat wounds or service injuries; or

› a non-service-connected dental condition determined to be aggravating amedical problem under VA treatment.

Discharged service members who are former prisoners of war, homeless veteransenrolled in certain programs, participants in a VA vocational rehabilitation program, orveterans with a service-connected condition rated 100% disabling, regardless of thecause of their dental needs, may also receive dental care.

In addition, a recently discharged service member who served on active duty 90 days ormore andwho applied for VAdental care within 90 days of separation from active dutymayreceive a one-time dental treatment if his or her certificate of discharge does not indicatethat he or she received necessary dental care within a 90-day period prior to discharge.

How does a discharged service member apply for VA dental benefits?

A discharged service member can apply for VA dental care by completing VAForm 10-10EZ, Application for Health Benefits. Please refer to the section titled “HealthCare Coverage” above for more information.

Programs for Spouses and Dependents

Health Care CoverageAre family members of discharged service members eligible to receive healthcare coverage from the military?

The families of discharged service members are eligible for a transitional TRICAREprogram called TAMP, or the Transitional Assistance Management Program, for aperiod of 180 days following the service member’s separation. Eligibility for TAMP is

The CHCBP Handbook can befound at www.humana-military.com/CHCBP/handbooktoc.htm.

Information about TAMP can befound at www.tricare.osd.mil/TricareHandbook/results.cfm?tn=1&cn=17.

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dependent on the accuracy of the beneficiary’s information in the Defense EnrollmentEligibility Reporting System (DEERS), a computerized database of those people whoare eligible for TRICARE benefits.

Where TRICARE eligibility has been lost or TAMP has expired, the families ofdischarged servicemembersmay apply for health care coverage in the ContinuedHealthCare Benefit Program (CHCBP). The CHCBP is a congressionally mandated,government-sponsored, premium-based health plan that provides a temporarycontinuation of military health system benefits. The program is similar to TRICAREstandard, but administered by Humana Military Health Care Services. In most cases,CHCBP benefits last no more than 18 months, and application must be made within60 days of separation or loss of eligibility for military health care services.

Is the family of a discharged service member eligible for VA medical care?

The family of a discharged service member who has been rated permanently and totallydisabled for a service-connected disability by a VA regional office may be eligible toreceive health care under the Civilian Health and Medical program of the Departmentof Veteran Affairs (CHAMPVA). CHAMPVA is administered by the VA HealthAdministration Center. CHAMPVA eligibility can be affected by changes such asmarriage, divorce from the sponsor, or eligibility for Medicare or TRICARE.

What health care benefits are available under CHAMPVA?

CHAMPVA will cover most health care services and supplies that are medicallynecessary. CHAMPVA covers services from most health care providers, but will notcover services from acupuncturists, chiropractors, or naturopaths. CHAMPVA does notmaintain a provider listing; however, most Medicare and TRICARE providers willalso accept CHAMPVA. If a family member sees a provider who does not acceptCHAMPVA, he or she will have to pay the entire bill and then submit a claim for areimbursement of the allowable amount to the VA Health Administration Center,CHAMPVA’s administrator.

What is the enrollment process for CHAMPVA?

Family members must submit VA Form 10-10d, Application for CHAMPVA Benefits, tothe Department of Veterans Affairs Health Administration Center before any medicalbills are submitted for CHAMPVA coverage. To obtain an application form, call (800)733-8387 or visit www.va.gov/hac/forms/10-10d.pdf.

Mental Health Care CoverageAre mental health services available for family members of a discharged serv-ice member?

TAMP, CHCBP and CHAMPVA provide coverage for certain mental health careservices. In addition, families of discharged service members are eligible to receive VAreadjustment counseling for military-related issues at local VA Vet Centers around thecountry. The VA also sponsors caregiver support groups for families of dischargedservice members with disabilities and chronic illnesses. Under CHAMPVA,preauthorization is required for most mental health care services.

For more details about mentalhealth care benefits underCHAMPVA, please refer to theCHAMPVA Handbook, locatedat www.va.gov/hac/forbeneficiaries/CHAMPVA/handbook/chandbook.pdf or contactCHAMPVA’s mental healthcare contractor, MagellanBehavioral Health, toll freeby calling (800) 424-4018.

For further informationabout CHAMPVA benefitsand eligibility, refer to theCHAMPVA handbook,located atwww.va.gov/hac/forbeneficiaries/CHAMPVA/handbook/chandbook.pdf.

CHAMPVA representatives areavailable to answer questionsat (800) 733-8387 (between8:05 a.m. and 7:30 p.m.Eastern Time). An automatedmenu is available at (800) 733-8387 24 hours a day, sevendays a week, to request applica-tions, claim forms and otherCHAMPVA material.

Reimbursement forms mustbe submitted to the VA HealthAdministration Center,CHAMPVA, PO Box 65023,Denver, CO 80206-9023.

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Dental Care CoverageAre family members of discharged service members eligible for dentalcare coverage?

With very few exceptions, family members of discharged service members are noteligible for dental care coverage. In certain limited circumstances, family members whoare eligible to receive health care benefits from CHAMPVA may receive dentaltreatment if such treatment is related to other CHAMPVA-covered medical treatment.In the cases where dental care is covered, preauthorization is required. Routineexaminations, dental fillings and root canals are among the treatments that arenot covered.

How can preauthorization be obtained under CHAMPVA?

Requests for preauthorization must include a physician statement explaining why therequested dental treatment is required and how it is related to the CHAMPVA-coveredmedical treatment. Requests must also include a dentist’s statement specifying whattreatment is required, why the treatment is required, how it is related to theCHAMPVA-covered medical condition, and the estimated cost. Preauthorization canbe requested by phone at (800) 733-8387 or fax at (303) 331-7807.

Medicare andMedicaidWhat is Medicare?

Medicare provides health care coverage to persons over 65 years of age, some youngerdisabled persons, and in limited cases, to other persons under 65.

Medicare (Part A) provides coverage for care in hospitals as an inpatient, critical accesshospitals (which are small facilities that give limited outpatient and inpatient services topeople in rural areas), skilled nursing facilities, hospice care and some home health care.Persons eligible for Medicare (Part A) do not have to pay any monthly premiums forMedicare (Part A) coverage.

Medicare (Part B) provides coverage for doctors’ services, outpatient hospital care, andsome other medical services that Medicare (Part A) does not cover, such as the servicesof physical and occupational therapists, and some home health care. Medicare (Part B)helps pay for these covered services and supplies when they are medically necessary.Enrollees pay a monthly premium for Medicare (Part B).

Medicare (Part C), also called Medicare Advantage Plans, provides Medicarebeneficiaries the option to receive their Medicare benefits through private healthinsurance plans. Part C is available only to those individuals who qualify for bothPart A and Part B and live in certain coverage areas.

Medicare (Part D) provides prescription drugs forMedicare Part A or Part B beneficiaries.The beneficiaries must affirmatively enroll in Part D. Enrollees will pay the full costof their prescriptions until they meet the annual deductible and then they will pay apercentage of the remaining costs.

For more information on Medicare, please visit www.medicare.gov.

Find out more about Medicareat its websitewww.medicare.gov. In particu-lar, for a helpful publication onMedicare, see www.medicare.gov/publications/pubs/pdf/10116.pdf.

More information on the limiteddental coverage providedunder CHAMPVA is available inthe CHAMPVA handbook,located at www.va.gov/hac/forbeneficiaries/CHAMPVA/handbook/chandbook.pdf.

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Generally, individuals over the age of 65 are usually eligible for Part A. Individuals belowthe age of 65 and receiving Social Security disability benefits for 24 months are eligiblefor Part B.

What is Medicaid?

Medicaid provides health care coverage to some individuals and families with lowincomes and resources. Although the federal government establishes general guidelinesfor the program, the Medicaid eligibility requirements are established by each state.Therefore, whether or not a person is eligible for Medicaid depends on the state wherehe or she lives.

Medicaid benefits vary by state, but all states must cover certain services includingmedical and surgical dental care, hospital care and physicians’ services.

Find out more about Medicaidat its website www.cms.hhs.gov/default.asp.

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CHAPTER 6:EDUCATION ANDEMPLOYMENT BENEFITS

Introduction

This chapter describes various education and employment benefits that servicemembers and their families may be eligible to receive from the federal and stategovernments and organizations. This discussion contains important information abouta variety of topics, which can be divided into three main sections:

GI Bill and REAP: Chapter 6’s first section covers education benefits available to servicemembers under the Montgomery GI Bill (GI Bill), a federal program that providesmonthly educational assistance tomilitary veterans, including reservists andmembers ofthe National Guard. This section also describes the new Reserve Educational AssistanceProgram (REAP), which provides educational assistance to reservists and NationalGuard members who were called up for at least 90 days of active duty since September11, 2001. Finally, this section provides certain information regarding state educationbenefits for former military service members.

DEA: The second section describes education benefits for service members’ families.The primary focus of this section is the Survivors’ and Dependents’ EducationalAssistance Program (DEA), a federal program administered by the VA. The section alsoincludes a brief summary of various scholarship programs that the families of servicemembers may be eligible to receive.

Employment Benefits: The third section describes employment benefits available toveterans and their families, including the Department of Labor’s Transition AssistanceProgram (TAP) and the VA’s Vocational Rehabilitation & Employment Services(VR&E). In addition, this section describes the federal government’s veterans’preference hiring program, which gives disabled veterans an advantage when applyingfor federal jobs. This is followed by brief descriptions of certain legal rights that veteranshave when returning to work or seeking new jobs after the completion of military service.Finally, the section ends with a list of employment resources for veterans and theirfamilies. Much of the information in this section overlaps with topics covered inChapter 9, Legal Rights, and Chapter 11, State Resources. Readers are encouraged toconsult those chapters as well.

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Montgomery GI Bill (GI Bill)What is the GI Bill?

The Montgomery GI Bill provides cash payments to eligible veterans enrolled inqualified education programs or career training programs. Eligible veterans enrolled ina qualifying education or training program can receive benefits in the form of monthlypayments for up to 36 months. Monthly benefits vary based on type of service (activeduty or reserve), education or training program and enrollment (full-time or part-time).

There are two main programs under the GI Bill, the Active Duty program (GI Bill-AD,sometimes referred to as Chapter 30) and the Selected Reserve program (GI Bill-SR,sometimes referred to as Chapter 1606). These programs have different qualificationrequirements and provide different levels of benefits. Depending on the nature of theirservice, reservists and National Guard members may be eligible for the Active Dutyprogram. In addition, they may also qualify for benefits under the Reserve EducationalAssistance Program (REAP) described later in this subsection.

Who is eligible for GI Bill-AD benefits?

In order to be eligible for GI Bill-AD benefits, an individual must have enrolled when heor she entered the military. Enlisted active duty personnel are automatically enrolled inthe program and remain enrolled by contributing $100 per month from their militarypay for 12 months (i.e., $1,200). In order to cancel enrollment, a service member musthave filled out a DD Form 2366,Montgomery GI Bill Act of 1984 Basic Enrollment. Thedecision to disenroll is irrevocable. Those who did not enroll in the Program duringactive duty will not be eligible to receive benefits upon separation. In addition, with verylimited exceptions, officers who were commissioned through a service academy or theROTC program are not eligible for GI Bill benefits.

Service members enrolled in the GI Bill-AD Program are generally eligible toreceive education benefits if they served for at least two years, contributed the full $1,200while on active duty, received an honorable discharge and hold a high school diplomaor GED (or in some cases 12 hours of college credits). Veterans who do not meetthese requirements still may be entitled to GI Bill-AD benefits under verylimited circumstances. For more information, please visit the VA’s GI Billwebsite, www.gibill.va.gov.

Reserve Component service members may be eligible for GI Bill-AD benefits if they arecalled up under federal authority for two years or more of active duty (not training), andthey do not decline GI Bill enrollment in writing. A 2-year call-up for full-time NationalGuard duty under state authority will not qualify for GI Bill-AD unless it is for purposesof organizing, administering, recruiting, instructing or training the National Guard.

In all cases, the VA makes the final determination of eligibility for GI Bill-AD benefits.

In addition, in order to qualify for the full 36months of benefits, a veteranmustmeet oneof three additional requirements:

› 3 years of continuous active service;

› 2 years of active service, if that was the length of his or her originalenlistment; or

For an overview of GI Bill-ADbenefits, see the VAMontgomery GI Bill ActiveDuty Factsheet, available atwww.vba.va.gov/benefit_fact/Education_and_Training/English/Ch30eg_0406.docand the VA GI Bill-AD Pamphletavailable at www.gibill.va.gov/pamphlets/CH30/CH30_Pamphlet.pdf.

For further information on theGI Bill and other VA educationprograms, please visit thefollowing websites:

VA, GI Bill website:www.gibill.va.gov

Military.com’s GI Bill Guide:www.education.military.com/money-for-school/gi-bill/learn-to-use-your-gi-bill

GIBill.com: www.gibill.com/

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› 2 years of active service with an obligation to serve four additional years inthe Selected Reserve, which he or she began to fulfill within a year of leav-ing active duty (the “2 by 4” program).

Are service members who could not complete the GI Bill qualificationrequirements because of a service-related disability still eligible forGI Bill-AD benefits?

Yes. Veterans who separate early for certain reasons (medical condition, disability,hardship, reduction in force) may be eligible for GI Bill-AD benefits, but generallythey are only entitled to one month of benefits for every month served.

Who is eligible for Montgomery GI Bill-Selected Reserve(GI Bill-SR) benefits?

The GI Bill-SR Program is for members of the Reserve Components. In order to beeligible for GI Bill-SR benefits, a Reserve Component service member must have:a 6-year obligation to the Reserve Component, completed his or her “Initial Active Dutyfor Training” (IADT), successfully maintained qualified status with the ReserveComponent and completed high school or earned a GED before applying for benefits.Decisions regarding eligibility for GI Bill-SR benefits are made by the ReserveComponent service member’s unit. The unit will give the reservist a DD Form 2384-1,Notice of Basic Eligibility (NOBE), when he or she becomes eligible for benefits. Theprogram provides up to 36 months of benefits for qualifying education and job training.

What education and training benefits are available under the GI Bill?

The GI Bill provides a monthly cash benefit to eligible veterans who are enrolled ina qualifying program. The cash benefits can be applied toward tuition for college,technical or vocational courses, correspondence courses, apprenticeship/job training,flight training, licensing and certification tests, entrepreneurship training, and certainentrance examinations. Recipients may also apply benefits to remedial deficiency orrefresher training to reviewmaterial from previous schooling, update knowledge or skillsand receive training in technological advancements that occurred in a particular fieldafter a service member began active duty. The rates of educational assistance providedunder the GI Bill vary according to the training program selected, type of enrollment(full-time or part-time) and, in the case of GI Bill-AD benefits, the duration of activeduty. The rates are adjusted annually and increase every October 1.

Service members may use GI Bill-AD benefits to attend school while on active duty,but special rules apply. For more information about using GI Bill-AD while on activeduty, visit www.education.military.com/money-for-school/active duty/gi-bill/activeduty-gi-bill-users-guide. In addition, active duty service members may be eligible forTuition Assistance (TA) from their respective branches of services or the DefenseActivity for Non-Traditional Education Support (DANTES). See www.dantes.doded.mil for more information.

How are GI Bill benefits received?

Veterans typically receive a check from the VA after each month of school for thecompleted month’s entitlement. Veterans training half time or more may requestadvance payment for the first month (or partial month) and second month. The VArequires a written request for advanced payment signed by the student and enrollment

A complete, up-to-date list ofEducation Benefit PaymentRates for all GI Bill Programsis available on the VA GI Billwebsite atwww.gibill.va.gov/GI_Bill_Info/rates.htm.

For an overview of GI Bill-SRbenefits, see the VAMontgomery GI Bill-SelectedReserve Factsheet, available atwww.vba.va.gov/benefit_facts/Education_and_Training/English/Ch1606eg_0406.doc.

For more detailed information,see the VA GI Bill-SR Pamphletavailable at www.gibill.va.gov/pamphlets/CH1606/CH1606_Pamphlet.pdf.

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certification from the school at least 30 days before classes begin. Advance payment isonly available to those attending schools that have agreed to receive and process advancepayment checks for their students. Advance payment checks are made out to recipientsand sent to their schools for delivery to students at registration.

Is there any way for veterans to increase the amount of educational benefitsthey receive under the GI Bill?

Both GI Bill-AD and GI Bill-SR may award special allowances of up to $100 per month,under current program benefits, for individual tutoring to veterans who are enrolled inschool at least half time. Recipients must have their school certify the need for tutoring,the tutor’s qualifications and the hours of tutoring received. To apply for tutorialassistance, veterans must complete a VA Form 22-1990t, Application and EnrollmentCertification for Individual Tutorial Assistance, available at www.vba.va.gov/pubs/forms/22-1990t.pdf, and have it certified by the proper school official as welland the tutor.

In addition, certain veterans may have been awarded participation in the “College Fund”program if they joined a critical occupational specialty upon joining the military. TheCollege Fund provides bonus money to regular GI Bill benefits. If a veteran is unsurewhether he or she was awarded a College Fund upon entering active duty, he or sheshould contact an education counselor at his or her local VA office.

Must a veteran claim his or her GI Bill benefits right away? How long can heor she wait?

In general, veterans have ten years from their date of separation from active duty to usetheir GI Bill-AD benefits. Veterans can receive extensions if a disability prevented themfrom enrolling in a qualifying program, if their eligibility expired in themiddle of a schoolterm, or if they were called up for active duty for a period of more than 90 days.

Veterans eligible for GI Bill-SR benefits who became eligible after October 1, 1992, areeligible for 14 years from the date of eligibility, so long as they remain in the SelectedReserve. GI Bill-SR participants may receive extensions because of a disability caused bySelected Reserve service, expiration of eligibility in the middle of a school term, or theywere called up for duty under federal authority. The extension for call-ups is the periodof active duty plus four months.

Can a service member transfer his or her benefits to a dependent?

Transfer of GI Bill benefits to service members’ children is not permitted. The Armyallows transfer of up to 18 months of unused GI Bill benefits to a service member’sspouse in limited circumstances, but the other service branches do not permit a transferof GI Bill benefits.

To participate in the Army’s GI Bill benefits transfer program, a soldier must have (1)enrolled in GI Bill upon initial entry into active duty, (2) paid the $1,200 for enrollment,(3) been eligible for the Selective Reenlistment Bonus (SRB) Program, (4) havecompleted at least six years of active duty, (5) reenlisted for an additional four years ofactive duty and completed a DD Form 2366-2, Montgomery GI Act of 1984Transferability Program, upon reenlistment. The Air Force program allowing transfer ofGI Bill benefits to spouses and children is no longer available.

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How does a veteran claim GI Bill benefits?

In order to claim GI Bill benefits, a veteran must:

› Enroll in a qualifying educational or training program. A school’sfinancial aid or training facility employment office can typically provideconfirmation of the program’s qualification.

› Apply for benefits with the VA. Application can be accomplished byeither completing VA Form 22-1990, Application for VA EducationBenefits, and submitting the form to the VA regional office for the areawhere the school or training facility is located or by completing the formelectronically through the Veterans On-Line Application (VONAPP)website at www.vabenefits.vba.va.gov/vonapp/main.asp. A copy of VAForm 22-1990 is available at www.vba.va.gov/pubs/forms/22-1990.pdfor by calling (888) GI-BILL-1.

› Obtain certification of enrollment from the school or trainingprogram. The school or program must complete VA Form 22-1999,Enrollment Certification. The school’s certifying official most likely will befound in one of the following departments: financial aid, veterans affairs,registrar, admissions or academic counseling.

› Verify attendance to the VA. Veterans attending school courses mustverify attendance each month by calling (877) 823-2378 or by visitingwww.gibill.va.gov/, selecting “Information for Benefit Recipients” andchoosing “Certify Your Attendance (WAVE).” Veterans attendingon-the-job training, apprenticeships and flight training programs willgenerally need to have the program or school submit forms to the VAregional office each month verifying attendance. Veterans enrolled incorrespondence courses must have the school verify the number oflessons completed each quarter.

› Reimbursement for Licensing or Certification Tests. Veterans seekingreimbursement for the costs of tests covered by the GI Bill must send acopy of the test results to the VA along with a note or a VA Form 21-4138,Statement in Support of Claim, requesting reimbursement. The note orform should list the name of the test, the date it was taken, the cost of thetest and the name and address of the organization issuing the license orcertification. In addition, the note or form must include the signed state-ment: “I authorize release of my test information to the VA.”

How can a veteran verify eligibility for benefits before enrolling in aneducational or training program?

Veterans who want to verify eligibility for GI Bill benefits may submit a Form 22-1990to the VA Regional Office for the region in which they reside. The VA will send aCertificate of Eligibility listing how many months of benefits a veteran is eligible toreceive and when the veteran’s eligibility period expires.

Most VA education forms areavailable online at: www.gibill.va.gov/GI_Bill_Inf/education_forms.htm.

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Chapter 1607 Benefits – The Reserve Educational AssistanceProgram (REAP)

What is REAP?

In October 2004, Congress passed into law a new education benefit designed to provideeligible Reservists and National Guard members with benefits similar to those providedunder the GI Bill. Titled the Reserve Educational Assistant Program (REAP), andsometimes referred to as Chapter 1607, REAP provides assistance for education andjob training to Reservists and National Guard members who are called to active dutyunder federal authority after September 11, 2001; serve at least 90 consecutive dayson active duty in a contingency operation (including current operations in Iraq andAfghanistan); and continue to remain in the reserves following their service in thecontingency operation.

What benefits are available through REAP?

REAP provides eligible Reservists and National Guard members with up to 36 months ofeducation benefits, which vary based on type of education or training, type ofenrollment (full-time or part-time) and length of service. It is not necessary for the reservistto have enrolled in or contributed to the GI Bill program to receive REAP benefits.Although the REAP program has benefits similar to those provided under the GI Bill, thebenefits available under REAP are generally less than those available under GI Bill-AD.

It is important to note that service members are not permitted to receive simultaneousbenefits under REAP and the GI Bill-SR. A choice between the two benefits mustbe made at the time of application. However, service members who received GI Bill-SRbenefits before REAP became effective in 2005 may apply for REAP benefits to financefurther education or training. In addition, service members may be entitled toretroactively increase any payments they received under GI Bill-SR since December 9,2001, to the amount they would have been entitled had REAP been in effect. In suchcases the VA will pay the service members the difference between the benefitentitlements under the two programs. Service members who elect to retroactively applyfor REAP benefits will be limited to the same total of 36 months of REAP educationbenefits as other participants in the program. The rules governing these types of casesare intricate and complex, and service members should contact their local VA office ifthey believe they are eligible to receive a retroactive increase in benefits. For moreinformation about REAP, see the REAP Questions and Answers portion of theGI Bill website www.gibill.va.gov/pamphlets/CH1607/REAP_FAQ.htm, or call(888) GI-BILL-1.

How long do qualified service members have before their REAPbenefits expire?

In general, there is no time limit for using the REAP benefits as long as the reservistremains in his or her component of the Reserves or National Guard. Once a servicemember leaves his or her component or is discharged, he or she becomes ineligible forREAP benefits and, if payments have begun, payments will stop. Reservists who aredischarged for a disability that was not the result of their own misconduct will not losebenefits immediately, but they must use their entitlement within ten years from the timeof eligibility.

For more information on theReserve Educational AssistantProgram (REAP), please see theVA website at www.gibill.va.gov/pamphlets/CH1607/REAP_FAQ.htm.

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How do service members claim REAP benefits?

The procedure for claiming REAP benefits is almost the same as the procedure used toclaim benefits under the GI Bill. Eligible reservists and guard members must enroll in aqualifying educational or training program, apply for benefits using a VA Form 22-1990,Application for VA Education Benefits, obtain certification of enrollment from the schoolor training program and periodically verify their attendance to the VA. See the previousportion of this section on GI Bill benefits for a more detailed description of the process.Service members who are eligible for both REAP and GI Bill-SR benefits must electeither REAP benefits or GI Bill-SR benefits on their VA Form 22-1990, Application forVA Education Benefits. Service members who were already receiving benefits under GIBill–SR before the enactment of REAP who wish to switch to REAP do not need to filea new Form 22-1990. Instead, they should submit a VA Form 22-1995, Request forChange of Program or Place of Training, along with any available documents that mayserve as evidence of qualifying service (e.g., DD Form 214, Certificate of Release orDischarge from Active Duty.)

Multiple BenefitsCan a veteran be eligible for multiple education benefits? If so, can he or shereceive benefits under more than one program at a time?

A veteranmay be eligible for educational benefits undermultiple programs, but he or shemay only receive benefits from one program at a time. The VA usually will pay a veteranat the highest rate for which he or she is eligible, unless otherwise requested. Also, aveteran may only receive a total of 48 months of benefits from any combination ofprograms. For example, a veteran who received 36 months of GI Bill-AD benefits mayonly receive an additional 12 months of GI Bill-SR benefits if eligible.

An individual who is eligible for both REAP andGI Bill-SRmust choose one or the otherand the decision is irrevocable.

Veterans who believe theymay be eligible for multiple benefits should contact their localVA office for assistance in choosing which benefits program, or combination ofsuccessive benefits programs, is right for them.

Are veterans eligible for any additional assistance while enrolled in school?

Yes. An exception to the VA’s “one program at a time” rule is the Student Work-StudyAllowance Program. Veterans enrolled at least 3/4 time in a degree, professional orvocational program and receiving VA education benefits still may be eligible for the VAWork Study Allowance Program.

Program participants receive an hourly wage from the VA for VA-related work, suchas processing VA paperwork at a school veterans’ office, or working at a VA office, VAmedical facility or approved state employment office. Schoolsmay pay those working oncampus additional wages equal to the difference between the VA wage and the amountnormally paid to other work-study students performing the same job.

Qualified applicants are not guaranteed a VA Work-Study Allowance. The number ofpositions awarded will depend on the availability of VA-related work at a particularschool and in the surrounding area. The VA gives the highest priority to applicants witha service-connected disability rated 30% or more by the VA. Other factors the VA

For more information about theVA work-study program, visittheVAwebsiteat www.gibill.va.gov/pamphlets/wkstud.htm.

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considers in choosing between applicants include the student’s ability to complete thework-study contract before the end of his or her eligibility for education benefits, and theemployment opportunities within normal commuting distance of the student.

Further information regarding the Student Work-Study Allowance program is availableat www.gibill.va.gov/pamphlets/wkstud.htm.

State Educational BenefitsAre there any state educational benefits available?

Yes, many states offer free or subsidized tuition to state-sponsored institutions of higherlearning (such as state universities) to eligible applicants.

Veterans and service members should contact their state’s veterans’ affairs office, whichwill often oversee military service-related education benefits for the state. However,some states administer their education benefits through a higher education agencyinstead of the state veterans’ affairs office.

Educational Programs for Service Members’ FamiliesAre the family members of veterans with service-connected disabilitieseligible for special VA education benefits?

Generally, only spouses and dependents of deceased veterans are eligible for VAeducation benefits. However, spouses and children of permanently disabled veteransmay also be eligible for up to 45 months of education benefits under the Survivors’ andDependents’ Educational Assistance Program (DEA). The DEA provides a monthlycash benefit to eligible recipients, which may be used for a high school diploma or GED,college, graduate school, business, technical or vocational courses, certificate programs,apprenticeships and on-the-job training.

The amount of the DEA benefit varies depending on the type of program and the typeof enrollment (part-time or full-time). Under certain circumstances, tutoring assistanceand work-study allowances may also be available.

Who is eligible for DEA benefits?

The child (including stepchild or adopted child), spouse or surviving spouse (who hasnot remarried) of the following is eligible to receive DEA benefits:

(1) A veteran who died or is permanently and totally disabled as theresult of a service-related injury;

(2) A veteran who died from any cause while rated permanently andtotally disabled from a service-related disability;

(3) A service member listed as missing in action for more than 90 days orcaptured in the line of duty by a hostile force; or

(4) A service member listed as forcibly detained for more than 90 days orinterned in the line of duty by a foreign government or power.

The Application for DEA bene-fits, VA Form 22-5490, can beobtained by visiting www.vba.va.gov/pubs/forms/22-5490.pdfor by calling(888) GI-BILL-1.

For information about the statebenefits offered by each state,visitwww.education.military.com/money-for-school/state-veteran-benefits, or seeChapter11, StateResources.Not every state currently has aneducation benefits program.

For a listing of state veteransaffairs offices, please visitwww.va.gov/Partners/stateoffice/.

For a list of DEA benefits andamounts, please visitwww.gibill.va.gov/GI_Bill_Info/rates/CH35/ch35rates100106.htm.

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Generally, qualifying sons and daughters may receive DEA benefits between the ages of18 and 26. Under certain circumstances an extension is available for active duty militaryservice, whereby DEA benefits may be used up to eight years from the date of releasefrom active duty, or until age 31 (whichever is earlier).

Qualifying spouses generally may claim DEA benefits for ten years from the first date ofeligibility, as long as he or she remains married to the veteran. Surviving spouses haveten years to claim DEA benefits based on the deceased spouse’s disability, or 20 years ifthe service member died while on active duty. Generally, remarriage ends eligibility forsurviving spouses under age 57.

How do eligible family members claim DEA benefits?

Theprocess for claimingDEAbenefits is similar to theprocedureused to claimbenefits underthe GI Bill or REAP. Eligible family members must enroll in a qualifying educationalor training program, apply to theVA forDEAbenefits, obtain certification of enrollment fromthe school or training program and periodically verify their attendance to the VA. Applicantsmay apply to the VA DEA benefits by submitting a VA Form 22-5490, Application forSurvivors’ andDependents’ EducationAssistance, to theVAregional office for the areawhere theschool or training facility is located. Applicants may either complete the form electronicallythrough the Veterans On-Line Application (VONAPP) website at www.vabenefits.vba.va.gov/vonapp/main.asp, or obtain a hard copy of the form visiting www.vba.va.gov/pubs/forms/22-5490.pdf or calling (888)GI-BILL-1. See the previous portionof this sectionon GI Bill benefits for a more detailed description of the processes for certifying enrollment,verifying attendance and requesting reimbursement for licensing and certification tests.

Applicants who have not chosen a training program or who want to determine theireligibility for DEA benefits may submit a Form 22-5490 to the VA Regional Office forthe region in which they reside. The VA will send a Certificate of Eligibility listing howmany months of benefits the applicant is eligible to receive and the length of his or hereligibility period.

Are there any scholarships available for the dependents of disabled veterans?

Yes, there are many scholarships available for dependents of disabled veterans. Eachscholarship has its own set of criteria to determine eligibility.

Although it is not practical to provide a list of all of the scholarships that are available to thedependents of disabled veterans, a few select scholarships can be found in the list below. Inaddition, the list contains information on certain military related organizations thatmaintain web-based listings with general and military specific scholarship information.

Air Force Aid SocietyThe Air Force Aid Society provides need-based grants of up to $1,500 toselected sons and daughters of current, former, and deceased Air Forcepersonnel. The Air Force Aid Society website provides information onand applications for the education grants that are offered by the Society.(800) 429-9475 or (703) 607-3072www.afas.org/body_grant.htm

For more information on DEAbenefits and eligibility, visit:

› VA DEA Webpage:www.gibill.va.gov/GI_Bill_Info/benefits.htm#DEA

› VA DEA Factsheet:www.vba.va.gov/bln/21/Milsvc/Docs/Ch35eg.doc

› VA DEA Pamphlet:www.gibill.va.gov/pamphlets/CH35/CH35_Pamphlet.pdf

› Military.com:www.education.military.com/money forschool/spouse-family/dependents-educationalassistance-dea

› GIBill.com:www.gibill.com/dea.cfm

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Army Emergency ReliefIn addition to providing information on and applications for scholarshipsprovided by the Army Emergency Relief to the spouses and children ofdeceased Army personnel, the Army Emergency Relief also maintains alisting of general financial aid links and scholarship search engines.(866) 878-6378 or (703) 428-0000www.aerhq.org/education.asp

Marine Corps Scholarship FoundationThe Marine Corps Scholarship Foundation provides scholarships to thechildren of current or former United States Marines, and to the childrenof current or former United States Navy Corpsmen who have served withthe United States Marine Corps. The MCSF distinguishes itself amongmilitary scholarship programs as it gives particular attention to children ofparents killed or wounded in action.(800) 292-7777 (NJ Office); (703) 549-0060 (VA Office)www.marine-scholars.org

Military.comMilitary.com is a commercial, service-related organization and maintainsa website that provides a scholarship search function for dependents ofservice members, as well as state-by-state education benefits listings.www.military.com/education-home

Navy League of the United StatesThe Navy League of the United States provides scholarships todependents or direct descendants of active, reserve, retired or honorablydischarged members of the United States Navy, Coast Guard, FlagMerchant Marine, Marine Corps or Naval Sea Cadet Corps.www.navyleague.org/scholarship/

NavyMarine Corps Relief SocietyThe Navy Marine Corps Relief Society maintains a website forinformation on and applications for educational grants that areoffered and administered by the Navy Marine Corps Relief Society.(703) 696-4960www.nmcrs.org/education.html

Scholarships for Military ChildrenScholarships for Military Children is a scholarship program that wascreated by the Defense Commissary Agency. Scholarships for MilitaryChildren maintains a website that provides information and applicationsfor scholarships funded by manufacturers and suppliers whose productsare sold at military commissaries around the world.(888) 294-8560www.MilitaryScholar.org

Society of the Daughters of the U.S. Army (DUSA)Scholarships Award ProgramDUSA awards scholarships to the daughters or granddaughters ofcurrent and former officers of the United States Army.www.dodea.edu/students/dusa.htm

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Are there any information resources on educational benefits for spouses ofdisabled veterans?

Yes. The following resources, which address educational opportunities for militaryspouses generally, may be helpful:

Service members Opportunities Colleges“Service members Opportunities Colleges” is a consortium of more than1,800 colleges and universities that provide educational opportunities forservice members and their families. Addressing the problem of earning adegree while frequently relocating, colleges in the consortium agree torecognize each other’s credits in the case of transferring students.(800) 368-5622www.soc.aascu.org/

National Military Family Association:Spouse Education Information and ResourcesAn informational portal to resources on education benefits for spouses ofservice members.www.nmfa.org/site/PageServer?pagename=spouseeducation

Employment Benefits

Transition Assistance Program (TAP)Where can veterans obtain information about postmilitary serviceemployment and vocational training?

The Transition Assistance Program (TAP) helps veterans make the initial transitionfrom military service to the civilian workplace by providing employment and traininginformation within 12 months of separation and within 24 months of retirement. TAPprograms are sponsored by the VA and DoD and are free.

TAP consists of 3- or 4-day workshops at selected military installations nationwideand covers a variety of employment related subjects, including job searches, careerdecisionmaking, current occupational and labor market conditions, common barriers tosuccess, résumé and cover letter drafting, interviewing techniques, and obtaining loansand assistance for starting a small business. TAP also provides attendees with anevaluation of their employability.

Are there any programs that provide transition support specifically fordisabled veterans?

Yes. Disabled Transition Assistance Program (DTAP) provides information andassistance to veterans who believe they have a disability qualifying them for the VA’sVocational Rehabilitation and Employment (VR&E) program. Please see thediscussion below for more information on VR&E. DTAP includes a 3-day TAPworkshop and additional hours of individual instruction to address the needs of disabledveterans. DTAP also assists veterans in filing the VR&E application.

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How can a service member who is hospitalized or otherwise unable to attendTAP and DTAP sessions obtain this information?

A service member who is hospitalized or otherwise unable to attend a DTAP groupsession can have a VA Regional Office VR&E Officer coordinate DTAP sessions.Service members can call (800) 827-1000 in order to find the VA Regional Officeclosest to them.

Vocational Rehabilitation & Employment (VR&E) ServiceWhat is the primary government resource for employment services andbenefits for disabled veterans?

The Vocational Rehabilitation and Employment Service (VR&E, sometimes alsoreferred to as VRES), a division of the VA, helps veterans with service-connecteddisabilities gain andmaintain suitable employment. VR&E offers the following services:

› comprehensive rehabilitation evaluation to determine abilities, skills,interests and needs;

› vocational counseling and rehabilitation planning;

› employment services, such as job-seeking skills and résumé development;

› on the job training, apprenticeships and nonpaid work experiences;

› post-secondary training at a college, vocational, technical or businessschool; and

› supportive rehabilitation services, including case management,counseling and referral.

Who is eligible to receive assistance from VR&E?

Veterans who have received or will receive a discharge that is other than dishonorableand who have a service-connected disability rating of 10% or more may be eligible forassistance from VR&E. Those with a disability of 20% or higher are automaticallyeligible, provided they have an “employment handicap.” The VA will find anemployment handicap where a veteran has as an impairment stemming from a service-connected disability affecting his or her ability to train for, find and retain suitableemployment given his or her abilities, aptitudes and interests. Those with a 10% ratingmust show a “serious employment handicap,” or a significant impairment of his or herability to train for, find and retain suitable employment given his or her abilities,aptitudes and interests, in order to receive assistance from VR&E.

When must veterans apply to receive assistance from VR&E?

Veterans have a 12-year eligibility period in which they may apply for assistancefrom VR&E. The window begins on the latter of two dates: the date of separation fromactive military service or the date the veteran was first notified of his or her status ashaving a service-connected disability. The eligibility period may be extended if aVocational Rehabilitation Counselor (VRC) determines that a veteran has a seriousemployment handicap.

More information about VR&E isavailable at the following web-sites:

VA:www.vba.va.gov/bln/vre/index.htm

VBR&E:www.vetsuccess.gov

Military.com:www.education.military.com/money-for-school/veteran/gi-bill/vocational-rehabilitation-and-employment-vre

Information about TAP andDTAP is available at thefollowing websites:

www.taonline.com/tappages/

www.dol.gov/vets/programs/tap/main.htm

www.acap.army.mil/transitioner/transition_assistance/disbl_veterans.cfm#

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How does the application process work?

Applications require the following information:

› Social security number or VA file number (if different);

› Name of the VA office where the veteran’s records are located;

› Name and date of any previous rehabilitation programs in which theapplicant was enrolled;

› For all periods of active duty, applicants will need to provide theirservice number, branch of service, date of entry, date of exit and typeof discharge;

› If currently employed, the applicant will need to provide the name of theemployer, a description of the job and disclose his or her salary or wages.

› If currently hospitalized, the applicant will need to provide the name andaddress of the hospital.

Applicants must complete VA Form 28-1900, Disabled Veterans Application forVocational Rehabilitation, available at www.va.gov/vaforms/VBA_28_1900.pdf. A copyof the application also may be obtained by mail by calling (800) 827-1000. Applicantswho so choose may submit an online application using the VONAPP website atwww.vabenefits.vba.va.gov/vonapp/main.asp.

Applications, if not submitted online using VONAPP, should be submitted to the near-est VA office. A VRCwill then contact the applicant and perform a comprehensive eval-uation to determine whether he or she meets the basic eligibility requirements describedabove.

What types of employment services are available?

Once a VRC determines that a veteran applicant is entitled to assistance from VR&E,the counselor will work with the applicant to identify possible employment options,determine what training requirements may be necessary to achieve his or her careergoals and address any physical demands of a chosen profession.

After these issues are covered, the counselor will work with the veteran to develop anindividualized vocational plan, which states the specific services that a veteran willreceive over the course of up to four years. These services may include assistance infinding employment, job-seeking skills training – such as developing interviewingtechniques and résumé preparation – and on-the-job training or apprenticeships.

Does VR&E offer education benefits?

Yes. Depending upon the individualized vocational plan chosen, the VRC and veteranmaydecide that additional education is appropriate for the achievement of the veteran’svocational goals. Veterans who are enrolled in a vocational school, a special rehabilitationfacility, or a 2- or 4-year degree program at a college or university may be eligible for aneducationbenefit to cover tuition, fees, books, tools or other necessary supplies. In addition,subsistence allowances vary based on the type of training undertaken, rate of attendance(full-time or part-time), and number of dependents. A veteran who receives VR&E bene-fits may also be eligible for a monthly subsistence allowance to cover living expenses.

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Does the VR&E offer any benefits for disabled veterans not yet ready toreenter the workforce?

Yes. Disabled veterans whose service-connected disabilities render them unable toseek and maintain employment may be eligible for VR&E’s Independent LivingProgram (ILP). ILP seeks to ensure that eligible veterans are able to live independently,participate in family and community life and, over time, return to work. ILP benefitsmay include assistive technology, independent living skills-training and collaborationwith community-based support services.

To be eligible for ILP benefits, veterans must submit the same application as for otherVR&E benefits. An individualized ILP is generally crafted through consultation with thedisabled veteran, family members and medical personnel. A veteran may be eligible forILP benefits for up to 24 months.

Veterans Preference ProgramDo disabled veterans receive any preference for employment with thefederal government?

Yes. The Department of Labor’s Veterans Preference Program offers certain eligibleveterans an advantage when seeking employment with the federal government.Generally, if a veteran is eligible for the preference, he or she will be entitled to a hiringpreference over other applicants with similar qualifications when applying for federalgovernment jobs, as well as higher retention standing in the event of layoffs. Preferencesusually take the form of adding either 5 or 10 points to a passing score on the civil serv-ice exam. However, certain other hiring preferences exist for certain federal positionsthat do not require a civil service exam.

Who is eligible for the Veterans Preference Program?

The “10-point preference” is available to veterans with a present service-connecteddisability rating of 10% or more, veterans receiving compensation, disability retirementor pension benefits from the VA or DoD and veterans who are Purple Heart recipients.Under certain conditions, spouses, widows/widowers and mothers of deceased ortotally disabled (disability rating of 100%) veterans may be eligible for “10-pointderived preference.”

The “5-point preference” may be available to veterans who are not disabled, but whoserved in certain campaigns (including Operation Iraqi Freedom), or who served morethan 180 consecutive days (other than for training), any part of which occurred afterSeptember 11, 2001.

In addition to the above, federal agencies generally hire only preference eligible individu-als for certain positions (custodian, guard, elevator operator and messenger), a long asthere are enough of them to fill vacant positions.

NOTE: The 5-point and 10-point preferences only apply to passing scores on federalcivil service exams. Points may NOT be added to scores that would otherwise not bepassing. In addition, veterans preference does NOT guarantee recipients a federal job.Retirees at the rank of major, lieutenant commander or above are not eligible for theveterans preference unless they qualify as disabled.

For more information on theVR&E’s Independent LivingProgram, visitwww.vba.va.gov/bln/vre/ilp.htm.

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How does a disabled veteran apply for the Veterans Preference Program?

When applying for a job with the federal government, an eligible veteran should claimpreference on his or her application or résumé. In addition, an eligible veteran claimingthe 10-point preference must complete Standard Form 15, Application for 10-PointVeterans Preference, and submit certain documentation as specified in the instructions tothe application, which establish the individual’s eligibility for the preference. StandardForm 15 is available online at www.opm.gov/forms/pdf_fill/SF15.pdf.

What other federal hiring policies favor veterans seeking federal jobs?

In addition to the veterans preference, certain rules and laws, commonly referred to as“special authorities,” allow agencies to appoint veterans to positions without competition.Unlike the Veterans Preference Program, the use of special authorities to award “non-competitive appointments” is at the discretion of the individual agency; veterans are notautomatically entitled to such benefits. Therefore, it is advisable for veterans seekingnoncompetitive appointment under one of the special authorities below to take anyrequired civil service exam and seek competitive appointment in addition to non-competitive appointment whenever possible.

› VeteransRecruitmentAppointment (VRA): Under this special authority,disabled veterans, recently separated veterans and veterans who received anArmed Forces Medal or campaign or expeditionary medal may be eligibleto receive a noncompetitive temporary appointment to a job for which theywould normally have to compete with other qualified candidates who arenot veterans. After two years of satisfactory service the position may beconverted to a permanent appointment. A veteran does not have to qualifyfor veterans preference to be eligible for a VRA position. Veterans maycontact the personnel office of the specific federal agency where they areinterested in working to find out if there are any VRA opportunities.

› 30 Percent or More Disabled Veterans: Pursuant to this special authori-ty, a federal agency may offer a noncompetitive temporary appointmentfor a term of at least 60 days to a veteran with a disability rating of 30% ormore who meets the normal qualifications for the position. At any timeduring the period of temporary appointment, the agency may change thetemporary appointment into a permanent position. Veterans interested inobtaining a position using this special authority should contact the per-sonnel office of the federal agency where they are interested in working.

› VATrainingPrograms: Some federal agencies have agreements with theVA to allow disabled veterans enrolled in VA vocational rehabilitationtraining programs to train at an agency office in hopes of receiving a non-competitive appointment. At the end of the training period (duringwhich the veteran is not yet considered a federal employee), the veteranreceives a Certificate of Training. The certificate allows the agency tooffer a Special Tenure Appointment, which may later be converted to apermanent position. See the previous section titled “VocationalRehabilitation & Employment (VR&E) Service” for more information onVA vocational rehabilitation training programs.

The following resources containinformation on the veteranspreference and other federalhiring policies that favorveterans:

The Office of PersonnelManagement (OPM):www.opm.gov/veterans/

The Department of LaborVeterans Preference Advisor:www.dol.gov/elaws/vetspref.htm

Veterans Employment andTraining Services (VETS):www.dol.gov/vets/

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› Veterans Employment Opportunities Act of 1998 (VEOA): Veteranswho are preference eligible or who substantially completed three years ofactive military service may compete for agency “merit promotions” opento candidates outside the agency’s current workforce. Normally, thesepermanent positions are only available to “status” candidates: those whoalready hold career-type competitive appointments within the federalcivil service and are eligible for advancement. VEOA candidates do notreceive veterans preference for merit promotion positions, instead theVEOA allows eligible veterans to be considered for such positions withouthaving previously held a civil service position. Veterans who already holdcompetitive appointments with federal agencies are subject to theiragency’s Merit Promotion Plan and may not use the VEOA to be consid-ered for promotion ahead of schedule. Veterans interested in VEOAappointments should look for agency merit promotion announcementsopen to candidates outside the agency.

› Jobs for Veterans Act of 2002: Although this law does not create apoints-based preference system, the Jobs for Veterans Act of 2002 estab-lishes a “priority of service” for qualified veterans (and in certain circum-stances veterans’ spouses) in all employment and training programs thatare funded in whole or in part by the Department of Labor. With this pri-ority, veterans and disabled veterans receive Department of Labor fundedemployment and training before nonveterans.

Does the Department of Labor sponsor any programs to aid veteransseeking jobs?

The Department of Labor’s Veterans’ Employment Training Service (VETS) overseesnumerous programs designed to assist job-seeking veterans. VETS provides non-competitive grants to states to fund Disabled Veterans Outreach Program (DVOP)specialists and Local Veterans Employment Representatives (LVERs) who assistdisabled veterans in finding employment. DVOP specialists and LVERs can often befound at VR&E program offices and local One Stop Career Centers (see below). Inaddition, DVOP specialists are often found at VA medical centers, militaryinstallations and other locations known to have large numbers of veterans andtransitioning service members.

Recovery and Employment Assistance Lifelines (REALifelines): This Department ofLabor initiative provides injured and wounded service members and their families withaccess to a free career assistance network through One Stop Career Centers. Advisorsat One Stop Career Centers throughout the country offer personal assistance with avariety of employment services including: job search, résumé writing, job placement,interviewing skills, career counseling, electronic job bank/computer access and more.To find the nearest One StopCareer Center, call (877)US2-JOBS (872-5627) or searchthe online directory at www.servicelocator.org/.

For more information onREALifelines, visitwww.dol.gov/vets/REALifelinesor hirevetsfirst.gov/reallifelines_vet.asp, or call(888) 774-1361 to speakwith a representative.

To find the nearestOneStopCareerCenter, call(877) US2-JOBS (872-5627) orsearch the online directory atwww.servicelocator.org/.

The Department of Labor’s HireVets First comprehensive careerwebsite contains a number ofresources for veterans seekingemployment, including actualjob listings. Visitwww.hirevetsfirst.gov/ for more information.

The VETS website,www.dol.gov/vets, containsinformation on a variety offederal laws and programs thatbenefit job-seeking veterans.

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Who should a veteran contact if he or she believes that a preference for whichhe or she is entitled has not been granted?

A veteran who believes that he or she has not been given a preference to which he or sheis entitled may file a complaint with the U.S. Department of Labor’s Veterans’Employment and Training Service (VETS). Information on how to file a complaint isavailable at: www.dol.gov/elaws/vets/vetpref/agency.htm.

Reemployment at Pre-Deployment JobsAre veterans entitled to return to the civilian jobs they held prior to theirmilitary service?

Veterans have the right to be reemployed at the civilian jobs they held prior to theirmilitary service if theymeet certain criteria. Under theUniformed Services Employmentand Reemployment Rights Act (USERRA), veterans who are eligible for reemploymentat their pre-deployment job must be restored to that job or a comparable job andprovided all of the same benefits and seniority as if they had not entered themilitary. Formore detailed information on USERRA, see Chapter 9, Legal Rights.

What criteria must veterans satisfy in order to be reinstated to theircivilian jobs?

To qualify for reemployment, veterans must have left their civilian job (either voluntar-ily or involuntarily) to perform military duties, given their employer advance written ororal notice of their military deployment, and not have returned with a dishonorabledischarge. Also, the military duty must not have exceeded five years (although there areimportant exceptions to this 5-year limit, including periodic National Guard and reservetraining duty and involuntary active duty extensions and recalls).

Lastly, veteransmust return to work or apply for reemployment within 90 days of releasefrom service. Veterans with deployments lasting between 31 and 180 days must returnto work within 14 days of release. Those with deployments lasting fewer than 31 daysmust return to work at the beginning of their next regularly scheduled work periodbeginning eight hours after they return home. Veterans recovering from injuriesreceived during service or training may have up to two years to return to their jobs.

Are employers required to make accommodations for disabled veterans?

Yes. The Americans with Disabilities Act (ADA) requires employers with more than 15employees to make reasonable accommodations for employees with disabilities andprohibits discrimination against qualified individuals with disabilities when makinghiring, promotion, compensation and training decisions. In addition, USERRA requiresthat employers use reasonable efforts (including training and retraining) to helpveterans qualify for reemployment by refreshing or upgrading their skills. For moredetailed information on the ADA and reasonable accommodations, see Chapter 9,Legal Rights.

For more information aboutUSERRA, visit www.dol.gov/elaws/vets/realifelines/reemployment.htmor call(866) 4-USA-DOL (487-2365).

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Employment Resources for Families of Disabled VeteransWhat employment resources are available for the spouses ofdisabled veterans?

The following resources contain employment information for the spouses of militarypersonnel:

Military Spouses Career Network (MSCN)MSCN provides information on both government programs and service-independent programs that assist military spouses in the advancement oftheir educational, employment and career development objectives.www.mscn.org/

Military Spouse Resource Center for Education, Training, andEmployment (Milspouse.org)Milspouse.org offers a resource library for military spouse employment,education and relocation information.www.milspouse.org/

Other Veteran Resources

CompensatedWork Therapy (CWT) ProgramCWT provides jobs and extended residential treatment programs forveterans that are recovering from severe substance abuse disordersor mental illnesses.(757) 722-9961www1.va.gov/Vetind/

Department of the Navy Disabled Veterans Assistance Phone LineNavy Disabled Veterans Assistance provides employment and referralsfor returning disabled service members.(800) 378-4559

E-Vets Resource AdvisorE-Vets assist veterans preparing to enter the job market by providinginformation on job search tools and tips, employment openings, careerassessment, education and training, and benefits and special servicesavailable to veterans.www.dol.gov/elaws/vets/evets/evets.asp

Hire Vets FirstHire Vets First provides employment and small business ownershipinformation for veterans.www.hirevetsfirst.gov/

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Transition Assistance Online (TAOnline)TAOnline provides transition assistance information and tools for thoseseparating from the military. The website allows veterans to postrésumés, view job advertisements, and explore business and educationalopportunities.www.taonline.com/

Transition Bulletin Board (TBB)The TBB, which was developed by the DoD, posts a website containingbusiness opportunities, a calendar of transition seminars, job fairs,information on veterans associations, transition services, and trainingand education opportunities.www.dmdc.osd.mil/ot/

General Online Job DatabasesAmerica’s Career InfoNetwww.acinet.org

Career Builderwww.careerbuilder.com

Career One Stopwww.careeronestop.org

Department of Defense Job Searchwww.dod.jobsearch.org

Department of Labor America’s Job Bankwww.americasjobbank.com

Job Bank USAwww.jobbankusa.com

Military.com Job Fairswww.military.com/Careers/

Monsterwww.monster.com

Riley Guidewww.rileyguide.com

Small Business Administrationwww.sba.gov/

U.S. Army Civilian Personnel Onlinewww.acpol.army.mil/employment

U.S. Office of Personnel Managementwww.usajobs.opm.gov

Wall Sreet Journal Career Journalwww.careerjournal.com

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CHAPTER 7:MISCELLANEOUS FEDERAL BENEFITS

Introduction

The federal government, generally through the Social Security Administration andthe VA, offers various special benefits for which service members and their families maybe eligible. Some of these benefits are specifically for disabled individuals, while othersare available regardless of disability status. Additionally, some of these benefits arespecifically for service members or veterans, while others are available regardless ofmilitary status. This chapter offers a brief overview of some of the most significantbenefits: social security disability benefits, grants for purchasing equipment or makingmodifications to homes and automobiles, hardship withdrawals from Thrift SavingsPlans (TSPs), Service-Disabled Veterans Life Insurance and certain home loan benefitsand housing grants. Other aspects of these benefits, including their tax consequences,are discussed in Chapter 8, Federal Tax Issues.

Social Security Disability BenefitsWhat social security benefits are available for disabled veterans?

The Social Security Administration (SSA) offers two kinds of benefits for disabledindividuals: Social Security Disability Insurance (SSDI) and Supplemental SecurityIncome (SSI). SSDI functions as an insurance program that makes payments to thosewho become unable to work due to a disability. SSDI payments vary based on anindividual’s previous income and the amount of social security (or FICA) taxes he or shepaid in the past. SSI is a federal program that provides monthly assistance to the elderly,blind and disabled who have low income and limited resources. SSI payments varybased on income. Disabled service members may qualify for one or both of thesesources of assistance, depending on their individual situation.

Who is eligible for Social Security Disability Insurance (SSDI)?

To qualify for SSDI, an individual must (1) have worked for several years in jobs coveredby social security (i.e., had social security taxes withheld from his or her pay), and (2) bedisabled. The amount of time an individual needs to have worked in order to receiveSSDI varies with the age at which he or she becomes disabled. SSDI benefits are onlyavailable to those who are totally disabled (i.e., unable to work); no benefits are payablefor partial disabilities or for short-term disabilities.

For more information on socialsecurity disability benefits visitthe following websites, or callthe SSA: (800) 772-1213(TTY: (800) 325-0778).

The SSA Disability Programs:www.ssa.gov/disability/

The Social Security Red Book:www.ssa.gov/redbook/

The Adult Disability Starter Kit:www.ssa.gov/disability/disability_starter_kits_adult_eng.htm

Understanding SupplementalSecurity Income:www.ssa.gov/notices/supplemental-security-income/ussi-2006.pdf

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What does “disabled” mean for social security purposes?

To qualify as disabled, an individual must have a medical condition that is expectedto prevent him or her from engaging in “substantial gainful activity” (SGA) for at leastone year, or to result in death. SGAmeans working and earning above a certain amountof income per month. The threshold for SGA is higher for individuals suffering fromblindness than it is for individuals with other disabilities. For current SGA amounts, visitwww.ssa.gov/OACT/COLA/SGA.html. For more information on what constitutesdisability, see the Social Security Red Book, available at www.ssa.gov/redbook.

How are disability determinations made?

Disability status for social security benefits is determined separately from an individual’sDoD and VA disability ratings. Once SSA determines that an individual meets the basicrequirements for benefits, they forward the individual’s application to his or her state’sdisability determination services (DDS) office. The DDS office will determine if hisor her medical condition qualifies as a disability for purposes of social security. SSAmaintains a list of medical conditions severe enough to automatically qualify. This listis available at www.socialsecurity.gov/disability/professionals/bluebook/listing-impairments.htm. If the applicant’s condition is not on the list, then the DDS officewill determine, based on his or her medical records, whether he or she is capable ofreturning to a previous job or of doing another type of work. In some cases, the DDSoffice asks an individual to undergo further physical examination in order to obtainfurther information.

How much assistance can an individual receive through SSDI?

SSDI payments are determined based on an individual’s lifetime average earningscovered by social security (i.e., how much social security tax he or she paid over hisor her lifetime). SSDI payments may be reduced if an individual receives worker’scompensation payments or other government disability benefits, such as DoD or VAdisability compensation. Benefit calculators that provide an estimate of an individual’sSSDI payments are available on the SSA website at www.ssa.gov/planners/calculators.htm.

In addition to monthly payments, SSDI recipients will usually become eligible forMedicare coverage after 24 months. See the section titled “Medicare and Medicaid” inChapter 5, Health Care, for more information about Medicare benefits.

When can an individual begin receiving SSDI benefits?

Individuals who qualify for SSDI become eligible to receive benefits beginning the sixthfull month after the date their disability began. Since each month’s benefits are paid thefollowing month, recipients will not receive payment until the seventh month. Forexample, an individual who becomes disabled in January will be eligible for benefitsbeginning in July. He or she will receive a check for July benefits in August.

How long can an individual continue receiving benefits?

Benefits last a minimum of 24 months and usually continue until it is determinedthat an individual is no longer totally disabled, either because of medical improvementor a return to work. DDS periodically reviews disability cases to see if an individual’scondition has improved. Once an individual’s disability ceases he or she will receive

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SSDI benefits for a 3-month grace period: the month in which the determinationwas made plus two months afterwards. Under certain circumstances, an individualmay continue to receive SSDI payments beyond the grace period if he or she isenrolled in an approved program for vocational rehabilitation, employment services orother support services. See the Social Security Red Book at www.ssa.gov/redbookfor more information on employment support services to help SSDI recipients reenterthe workforce.

What is the application process for SSDI benefits?

In order to receive SSDI benefits, an individual must complete an Application for SocialSecurity Benefits and a Disability Report, which contains information about his or herdisabling condition and its effects on his or her ability to work. Individuals may eithercomplete these forms online at www.socialsecurity.gov/applyfordisability/ or throughan interview with a claims representative. Interviews may be conducted in personor over the phone. Individuals may contact an SSA claims representative at(800) 772-1213 (TTY: (800) 325-0778) to schedule an interview.

Applicants for SSDI should be prepared to submit proof of identity and evidence ofdisability, including:

› social security number;

› birth certificate (or other proof of age);

› contact information for doctors andmedical facilities where they receivedtreatment;

› names and prescribed dosages of medications they are taking;

› medical records and test results;

› a work history for the past 16 years, including contact informationfor previous employers and the type of work done;

› copies of W-2 forms (or federal tax returns for self-employedindividuals);

› bank account numbers;

› emergency contact information: name, address and phone numberof a designated emergency contact person; and

› original or certified copies of military discharge papers (Form DD 214)for all periods of active duty.

For a complete checklist of items to prepare, visit www.ssa.gov/disability/Adult_Starterkit_checklist.pdf.

Individuals have the right to be represented by an attorney or other qualifiedrepresentative throughout the application and appeals process. Represented applicantsmust submit a Form SSA-1696-U4, Appointment of Representative, available atwww.ssa.gov/online/ssa-1696.pdf. See www.ssa.gov/pubs/10075.pdf for moreinformation on the right to representation.

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What is the process for appealing an SSA determination?

An individual who disagrees with an SSA determination regarding disability benefits canappeal a decision by filing a Request for Appeal and an Appeal Disability Report withSSA within 65 days of the date on his or her notice of decision from SSA. For moreinformation on appeals, visit www.s044a90.ssa.gov/apps6z/i3441/ee001gen.jsp, or callthe toll-free number listed above.

Who is eligible for Supplemental Security Income (SSI)?

An individual may qualify for supplemental security income if he or she (1) is over age65, blind or disabled; (2) is a low-income earner; and (3) owns assets worth less than$2,000 (or $3,000 for a couple). The disability determination process and the standardfor finding a disability are the same as those discussed above for SSDI. In determiningwhether an individual is a low-income earner, the SSA considers earned income,unearned income and government benefits such as VA andDoD disability compensationand other social security benefits (e.g., SSDI). When determining whether an individualhas assets in excess of the maximum threshold amount, SSA generally does not includean individual’s home and the land it is on, a car, life insurance policies worth $1,500 orless, burial plots and up to $1,500 each in burial funds for a recipient and his or herspouse. However, other assets such as cash, stock, retirement accounts and similar itemsare considered.

How much assistance can an individual receive from SSI?

SSI payments are determined based on the amount of “countable income” an applicantreceives and his or her living arrangement/family status. An eligible applicant willreceive the basic monthly payment known as the Federal Benefit Rate (FBR) minus anycountable income. Countable income includes earned income, unearned income andgovernment benefits.

Most states provide an additional monthly payment or “state supplement” to SSI. Stateseach set their own qualifications and amounts for state supplements.

SSI recipients may be eligible to receive Medicaid. See Chapter 5, Health Care: Medical,Psychological and Dental Care Coverage, for more information about Medicaid benefits.

When can an individual begin receiving benefits? How long will he or shecontinue receiving benefits?

There is no waiting period to receive SSI benefits; payments start as soon as an applicantis eligible. SSI benefits continue as long as an individual remains both disabled andbelow the SSA’s threshold levels of income and assets.

As with SSDI, an individual’s disability will be periodically reviewed. Once anindividual’s disability ceases, he or she will receive payment for a 3-month grace period.Under certain circumstances, an individual may continue to receive SSI paymentsbeyond this grace period if he or she is enrolled in an approved program for vocationalrehabilitation, employment services or other support services.

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What is the application process for SSI benefits?

Applicants for SSI must call SSA at (800) 772-1213 to speak with a claims representativeand schedule an interview. In order to receive SSI benefits, an individual will have tocomplete and submit a Disability Report to SSA. Individuals may complete this formonline at www.socialsecurity.gov/applyfordisability/.

In addition to the documents required for SSDI benefits (see above), applicants for SSIalso may need:

› information about their home: either mortgage information or a lease;

› financial records: payroll slips, bank records, insurance polices, carregistrations and other information about assets; and

› proof of citizenship or noncitizen status: birth certificate, passport orimmigration documents.

The appeals process for individuals who disagree with SSA’s determination regardingSSI benefits is the same as for SSDI benefits.

How long does it normally take to receive notice of a decision regarding anapplication for SSDI or SSI?

It usually takes between three to five months to receive notice of a decision regarding anapplication for SSI or SSDI benefits. Individuals should file for benefits as soon as theybelieve they are eligible. In addition, being organized and prepared can help speed upthe process. Applicants should consult the checklist and fill out the Medical and JobWorksheet found in the Disability Starter Kit prior to their interview with a claimsrepresentative. The Disability Starter Kit is available at www.ssa.gov/disability/disability_starter_kits_adult_eng.htm.

Automobile and Special Adaptive Equipment GrantsCan disabled veterans and disabled service members receive financialassistance to purchase an automobile designed for their special needs?

Yes. The VA provides grants to qualifying disabled veterans to purchase new or usedautomobiles or special adaptive equipment for currently owned vehicles. Eligibleveterans do not receive money from the VA. Rather, the grant of up to $11,000 is paiddirectly to the seller of the automobile. A grant for adaptive equipment may be used topurchase power steering, power brakes, power window lifts, power seats, and specialequipment necessary to assist the eligible person into and out of the vehicle, amongother things, and may be paid either to the claimant or the seller.

Claimants should consider applying for the grant prior to purchasing equipment in orderto ensure receipt of the maximum benefit allowable.

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Who is eligible?

Veterans and service members with disabilities resulting from an injury or diseaseincurred or aggravated during active military service are eligible for the automobilegrant. Specifically, the veteran or service member must have one of the following typesof disabilities to qualify: (1) loss, or permanent loss of use, of one or both feet; (2) loss,or permanent loss of use, of one or both hands; or (3) permanent loss of vision in botheyes, to a certain extent.

Additionally, veterans and service members with service-connected ankylosis (immobilityof the joint) of one or both knees or hips qualify for adaptive equipment grants.

How does a veteran or service member apply?

Veterans and service members must complete an application and submit it to theirlocal VA regional office (for automobile and/or special adaptive equipment) or local VAmedical center (for special adaptive equipment only).

Thrift Savings PlanWhat is the Thrift Savings Plan?

The Thrift Savings Plan (TSP) is a retirement savings plan with special tax advantagesfor federal government employees and service members. Participation is optional, andservice members must join TSP while they are still serving in the military. TSP is similarto traditional 401(k) plans often sponsored by private employers; contributions to TSPaccounts are not taxed at the time they are made, but distributions from the accountsgenerally are subject to income tax at the time the distributions are withdrawn. Veteranswho did not sign up for TSP while in service cannot join the plan after leaving themilitary. Contributions to TSPs are subject to certain limitations. Detailed informationabout TSP is available at www.tsp.gov.

Can money in a TSP account be used for disability-related expenses?

There are three basic ways for service members to access funds in their TSP accounts:in-service withdrawals, TSP loans and post-separation withdrawals.

In-service withdrawals: During military service, TSP Participants may withdrawmoney from their accounts if either they are at least 59½ years old or they have averifiable financial hardship. For instance, a disabled service member may face financialhardship in connection with his or her medical condition. In such a case, a financialhardship withdrawal may be permitted. However, unless the withdrawal is due tofinancial hardship, such as a permanent and total disability or certain medical expenses,or the service member is over 59½ years old, the withdrawal will be subject to both a10% penalty tax and regular income tax when the money is withdrawn.

TSPLoans: During military service, service members participating in TSP are permitted totake loans from their TSP accounts under certain circumstances. The amount of money thatcan be withdrawn as a loan is subject to certain restrictions, and the loan is subject to a fee.In addition, the loan must be paid back with interest during a fixed period of time, usuallyfive years.

For an automobile and/or spe-cial adaptive equipment grant,complete VA Form 21-4505,Application forAutomobileorOtherConveyanceandAdaptiveEquipment; for just anadaptive equipment grant,complete VA Form 10-1394,Application forAdaptiveEquipment –MotorVehicle.Form 21-4502 and Form 10-1394 are available online,respectively, at www.vba.gov/pubs/forms/21-4502.pdf andwww.usa-federal-forms.com/usa-fedforms-dod-va/dod-va/dod-va-10-1394-nonfillable.pdf. Forms may also berequested by mail by contactingthe VA at (800) 827-1000.

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Post-Separation Withdrawals: After separation from military service, TSP participantsmay access the money in their TSP accounts in a number of ways, including transferringthe money into an IRA or a qualifying employer-sponsored retirement plan (like a 401(k)plan) and receiving the money directly in the form of a lump-sum paymentor monthly payments or as an annuity. Each of these options has a different taxconsequence, and payments received directly before the age of 59½may still be subject toa 10% early withdrawal penalty in addition to income tax at the time themoney is received.Service members should consult their TSP plan administrator and a tax advisor whencontemplating a withdrawal from a TSP in order to determine which option is best suitedfor their financial needs and to assess the tax consequences of a withdrawal.

See Chapter 8, Federal Tax Issues for more information about the federal taxconsequences of making withdrawals from TSP accounts.

How does an in-service withdrawal for financial hardship work?

As discussed above, a service member may be able to withdraw funds from a TSPaccount upon showing a financial hardship. The amount of the withdrawal is limited tothe financial need, but the withdrawal must be at least $1,000. A service member maynot contribute to his or her TSP account for six months after a financial hardshipwithdrawal, and he or she must file a Form TSP-U-1, Thrift Savings Plan Election Form,in order to resume contributions. To be eligible for a financial hardship withdrawal,financial need must result from one of the following four conditions:

› Negative monthly cash flow (net income is less than ordinary householdexpenses);

› Medical expenses (including household improvements needed formedical care);

› Personal casualty losses; or

› Legal expenses for separation or divorce.

A claim of financial hardship may not be made more than once every six months.Funds withdrawn due to financial hardship may not be repaid to the TSP account.

As discussed above, undermany circumstances, awithdrawal fromaTSP account, including,in some circumstances, a hardship withdrawal, is subject to a 10% penalty for earlywithdrawal. In addition, a withdrawal from a TSP account generally will be subject toincome taxwhen themoney is withdrawn. Please seeChapter 8, Federal Tax Issues formoreinformation concerning the tax consequences of a withdrawal from a TSP account.

Service-Disabled Veterans Life Insurance (S-DVI)What is S-DVI?

S-DVI is a life insurance plan provided by the VA. Veterans who are granted a service-connected disability but are otherwise in good health may apply to the VA for up to$10,000 in life insurance coverage at standard insurance rates within two years from thedate the VA notifies the veteran that the disability has been rated as service-connected.

For more information on TSP,visitwww.tsp.gov/uniserv/features/.

For details concerning TSPin-service withdrawals,including the procedure formaking withdrawals andrestarting contributions,seewww.tsp.gov/forms/tspbk12.pdf.

For information about makingwithdrawals after separationfrom service, seewww.tsp.gov/uniserv/forms/tspbk02.pdf.

For information about TSPloans, seewww.tsp.gov/uniserv/forms/tspbk02.pdf.

TSP participants may call the24-hour automated TSPThriftLine to access the latestinformation about their TSPaccounts:

› Phone: 1-TSP-YOU-FRST(877-968-3778)

› TTY: 1-TSP-THRIFT5(877-847-4385)

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Veterans who are totally disabled may apply for a waiver of premiums. For those whoare eligible for this waiver, an additional policy of up to $20,000 is available. Thepremiums, however, cannot be waived on the additional insurance.

Who qualifies?

Service members can apply for up to $10,000 in S-DVI if they meet all four of thefollowing criteria:

1. They were released from active duty under other than dishonorableconditions, on or after April 25, 1951.

2. They were rated for a service-connected disability (even if they received a0% rating).

3. They are in good health except for any service-connected conditions.

4. They apply within two years from the date the VA grants their new serv-ice-connected disability.

Concerning requirement number two, the VA disability ratings are rounded to thenearest 10%, a veteran with a 4% disability condition would have a VA rating of 0%. Formore information, see Chapter 2, The Disability Rating System.

Additionally, service members can apply for the supplemental policy of up to $20,000if they meet all three of the following criteria:

1. They are eligible for a waiver of premiums (i.e., total disability). To qualifyfor a waiver of premiums, the insured must have a mental or physicaldisability which (1) prevents him or her from performing substantial gain-ful employment; (2) begins before the insured’s 65th birthday,and continues for at least six consecutive months; and (3) does not beginprior to the effective date of the policy.

2. They apply for the coverage within one year from notice of the grant ofwaiver.

3. They are under age 65.

How do service members apply for S-DVI?

Veterans can apply for basic S-DVI online at www.insurance.va.gov/Autoform/index.asp, or by mailing VA Form 29-4364, Application for Service-Disabled Insurance, tothe Department of Veterans Affairs Regional Office and Insurance Center (RH), P.O.Box 7208, Philadelphia, PA 19101.

Veterans seeking Supplemental S-DVI can apply by mailing in an application VAForm 29-0189, Application for Supplemental Service – Disabled Veterans (RH) LifeInsurance to the office above.

The S-DVI forms can be downloaded from www.insurance.va.gov/inForceGliSite/buying/SDVI.htm or obtained by calling toll-free (800) 669-8477.

Information concerning S-DVIand other VA life insurance pro-grams can be found in the VApublication “VA Life InsurancePrograms for Veterans andServicemembers Handbook.”The handbook is availableonline at www.insurance.va.gov/inForceGliSite/GLIhandbook/glibooklet.htm. In addi-tion, the VA’s Government LifeInsurance Office can answergeneral questions about VAinsurance benefits. TheGovernment Life InsuranceOffice can be reached toll-freeat (800) 669-8477.

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Housing GrantsVeterans with service-connected disabilities may be eligible to receive a VA grant toassist in building a new specially adapted home or modifying an existing home to meettheir disability-related needs.

What benefits are available for veterans who need to adapt their homes toaccommodate their disabilities?

The VA provides grants for veterans who need to build or renovate their homes to adaptto severe disabilities connected with their military service. There are two types of grantsadministered by the VA: the Specially Adapted Housing grant (up to $50,000) and theSpecial Adaptations grant (up to $10,000). Eligibility for one grant or the other dependson the veteran’s type of disability.

What is the Specially Adapted Housing grant?

The VA offers grants of up to $50,000 (or 50% of the cost of the home or repairs,whichever is less) to cover the cost of building or buying a specially adapted home oradapting an existing home. Alternatively, the grant may be applied against any unpaidbalance of a mortgage on a specially adapted home already purchased.

Who is eligible to receive the Specially Adapted Housing grant?

Veterans are eligible to receive the Specially Adapted Housing grant if they are eligibleto receive VA compensation for a permanent and total service disability due to one of thefollowing:

› loss or loss of use of both legs, such as to preclude movement without theaid of crutches, a wheelchair, or other assistive devices;

› loss or loss of use of both upper arms at or above the elbow;

› blindness in both eyes, having only light perception, plus loss or loss of useof one lower leg; or

› loss or loss of use of one leg together with (a) residual effects of organicdisease or injury, or (b) the loss or loss of use of one arm, which so affectsthe functions of balance or propulsion as to preclude movement withoutthe aid of assistive devices.

Additionally, the house must meet all three of the following requirements:

1. It must be medically feasible for the veteran to reside in the house.

2. The house must be adapted to be suitable to the veteran’s needs forliving purposes, both now and in the future.

3. It must be financially feasible for the veteran to acquire the house or makethe adaptations, with the assistance provided by the grant.

If the veteran is temporarily residing in a family member’s home, may he orshe still receive a grant?

The VA will provide assistance to a veteran temporarily residing in a family member’shome to adapt the family member’s home to meet his or her special needs. The grant islimited to a maximum of $14,000.

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Are active duty service members eligible to receive a Specially AdaptedHousing grant while awaiting disability discharge?

Yes. The VA has the authority to grant Specially Adapted Housing grants to active dutyservice members awaiting disability discharge.

What is the Special Home Adaptations grant?

The Special Home Adaptations grant is a VA grant of up to $10,000 to cover the costsof special housing adaptations to accommodate the needs of certain eligible veterans.This grant is available to veterans with a service-connected disability entitling them tocompensation for permanent and total disability due to:

› Blindness in both eyes with 5/200 visual acuity or less; or

› The anatomical loss, or the loss of use of, both hands or armsbelow the elbow.

The veteran may apply the grant towards the purchase or adaptation of a home in whichhe or she resides or intends to reside, including the adaptation of a home owned by amember of the veteran’s family.

Is the Special Housing Adaptations grant available to veterans residingtemporarily in a family member’s house?

Yes. The VA may approve a grant of up to $2,000 to cover the costs of adapting a fami-ly member’s home in which the veteran is temporarily residing.

May a veteran receive the Specially Adapted Housing grant and the SpecialHousing Adaptation grant more than once?

Yes. A veteranmay receive the grants up to three times. However, the aggregate amountof the assistance cannot exceed the maximum amounts allowable for either grant.

To apply for either the SpeciallyAdapted Housing grant or theSpecial Home Adaptationsgrant, the veteran mustcomplete VA Form 26-4555,Veterans’ SupplementalApplication forAssistance inAcquiringSpeciallyAdaptedHousing, and submit it to theregional VA office where his orher files are located. To obtaina form go towww.vba.va.gov/pubs/forms/264555.pdfor call(800) 827-1000. For furtherinformation on these grants,visitwww.homeloans.va.gov/sah.htm.

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CHAPTER 8:FEDERAL TAX ISSUES

Introduction

This chapter provides general information about certain U.S. federal income tax rulesthat may be relevant to military personnel and some information that will be of specificinterest to disabled servicemembers, their spouses and familymembers. In addition, thischapter discusses powers of attorney and steps that are necessary to allow someone tofile a tax return on behalf of a disabled service member. It is not intended to providespecific tax advice or to take the place of a consultation with a tax professional, such as acertified public accountant or a tax attorney. This chapter only discusses U.S. federalincome tax rules and does not cover state or local tax rules, whichmay be differentfrom the federal rules discussed in this chapter andmay differ from state to state.

Because this section is only a general summary, it omits many details about the federalincome tax rules it describes. Many of these details, along with answers to questionsveterans and their families may have, can be found in IRS Publication 3, Armed ForcesTax Guide, and Publication 907, Tax Highlights for Persons with Disabilities. Thesepublications, along with other IRS forms and publications, may be obtained from theIRS website at www.irs.gov or by calling (800) 829-3676. Additional informationaddressing how to find answers to your tax questions, including the websites of state taxauthorities, can be found inChapter 11, State Resources. Veterans and their families arealso strongly encouraged to consult with a tax professional for advice about theirparticular circumstances and for answers to any questions they may have. Undermost circumstances, a certified public accountant should suffice.

Tax BasicsHow do I pay taxes? Is that the same as filing a tax return?

In general, federal taxes must be paid on all income, including wages, interest earned onbank accounts, etc. Most individuals’ income taxes are paid when their employerswithhold wages from their paychecks. Taxpayers may recoup a portion of theirwithholdings by filing a tax return, which enables them to receive a tax refund.

What types of tax benefits may service members receive?

Certain tax benefits are particularly relevant to servicemembers and their families. Sometax benefits may arise as a result of a service member serving in a combat zone, whileother benefits may arise as a result of certain expenses incurred by the service member.Tax benefits most often take the forms of exclusions, deductions and credits.

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› Exclusions are sums of money received that are not taxed and do not haveto be reported as “income” on tax returns. For instance, a service membermay be eligible for the Combat Zone Exclusion, in which case the exclud-ed wages are “tax-free.” See the section titled “Exclusions: The CombatZone Exclusion” below.

› Deductions reduce the amount of money on which taxes are due. Forinstance, expenses incurred in modifying a home to accommodate adisability are generally tax deductible if themodification does not increasethe value of the home. For example, if a service member spends $5,000making her home wheelchair accessible, she may be allowed to deductthat expense if that improvement did not increase the value of her home.This does not mean that the service member pays the government $5,000less in taxes. Rather the service member may be allowed to reduce hertaxable income by $5,000 for the tax year. See the section titled“Deductions” below.

› Credits directly offset the amount owed in tax. For instance, a servicemember who receives a $1,000 Disabled Tax Credit will owe $1,000 lessin taxes, or will receive a refund of $1,000 after filing his or her tax return.See the section titled “Tax Credit for the Disabled” below.

Income Tax ReturnsWhen are tax returns due?

The regular due date for tax returns is April 15 of the year following the calendar year forwhich the return is filed. Most individual tax returns cover a calendar year, Januarythrough December. If April 15 falls on a Saturday, Sunday, or legal holiday, then the duedate is the next business day.

Extensions are generally available upon a timely request. Certain military personnel areentitled to automatic extensions.

Who is entitled to an automatic extension to file a tax return?

The deadline for filing tax returns, paying any tax due and taking other actions with theIRS is automatically extended for those serving and those hospitalized as a result ofinjuries incurred while serving in the Armed Forces in a combat zone, in a qualifiedhazardous duty area or on deployment outside of the United States while participatingin a contingency operation. Service members also receive automatic extensions if theyare performing qualified service outside of a combat zone, meaning service that is indirect support of military operations in a combat zone and which qualifies for specialmilitary pay due to imminent danger or hostile fire. A combat zone is any area thePresident designates as an area in which the United States is engaging in combat.

The deadline for taking actions with the IRS is extended 180 days after the last day theservice member is in a combat zone or other qualifying situation described above orthe last day of any qualified hospitalization due to an injury from service in one of thequalifying situations described above, whichever is later.

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What is the process for requesting an extension for filing a tax return if anautomatic extension does not apply?

In order for a 6-month extension to apply, U.S. residents must file IRS Form 4868,Application for Automatic Extension of Time to File U.S. Individual Tax Return, by theregular due date of the return (generally April 15, as discussed above). Since theextension to file is automatic, no notice of approval will be received. However, if therequest is not filed by the regular due date, the request will be denied and notification ofthe denial will be issued by the IRS. An automatic extension may not be available to alltaxpayers. See IRS Form 4868 for further details and instructions.

If a taxpayer requests and receives an extension for filing an income taxreturn, does he or she also receive an extension for the payment of anytaxes owed?

No. An extension of time to file a tax return does not mean the taxpayer receives anextension to pay the amount of any taxes that are due. Generally, if a taxpayer requestsan extension, he or she should estimate and pay the amount of tax due by the regular duedate. Interest generally will be charged on any unpaid tax liability from the regular duedate to the date the tax is finally paid. Also, penalties may be charged unless there isreasonable cause for late payment.

Filing Returns on Behalf of Disabled VeteransWhat if the service member is unable to complete and file a tax return due tohospitalization or injury?

A power of attorney is necessary in order to file and sign a return on behalf of a servicemember. When using a power of attorney to file a tax return on behalf of the grantor, theattorney-in-fact must sign the tax return and attach the power of attorney.

There are several different kinds of powers of attorney. Powers of attorney can either be“general” or “limited.” Under a limited power of attorney, the attorney-in-fact may onlyact on the grantor’s behalf within certain limited circumstances. A power of attorney canalso be durable or nondurable. Nondurable powers of attorney cease to be effectivewhen the grantor becomes incapacitated, whereas durable powers of attorney persistthrough incapacitation. Taxpayers may use the IRS Form 2848, Power of Attorney andDeclaration of Representative, as a limited power of attorney for taxmatters. The IRS formmay only be used in particular circumstances and only allows the grantor to assignpowers to a limited class of people such as attorneys, accountants, employees andimmediate family members. IRS Form 2848 is available online at www.irs.gov/pub/irs-pdf/f2848.pdf.

If a taxpayer uses the IRS Form 2848, it only allows the grantor to assign powers to alimited class of people such as attorneys, accountants, employees and immediatefamily members.

If a spouse is filing a joint return with a service member who cannot sign due to injury ordisease, the spousemay sign on the servicemember’s behalf. The spouse should sign theservice member’s name in the appropriate place followed by the word “by,” then thespouse’s name, followed by the word “husband” or “wife.” In addition, the spouse must

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attach a statement that the servicemember has agreed to the spouse signing on his or herbehalf, which must include the form number of the return being filed (e.g., IRS Form1040), the tax year and the reason the service member cannot sign the return. Legalguardians for service members may sign the return as guardian.

What if the service member has not signed a power of attorney, and is unableto do so because of injury or hospitalization?

If the service member has not signed a durable power of attorney and becomesincapacitated, only a court appointed representative may sign tax returns or other legalforms on his or her behalf. This is the case even if the service member previously signeda nondurable power of attorney. In the event of incapacitation without a durable powerof attorney, the service member’s family should seek legal advice on how to manage theservice member’s affairs.

As noted above, there is an automatic extension for filing a tax return of 180 days fromthe date of the service member’s release from qualified hospitalization. No action isnecessary to claim this extension.

Exclusions – The Combat Zone ExclusionAre there any special U.S. federal income programs available to reduce thetax burden of service members?

Yes. Congress has created the Combat Zone Exclusion program to reduce the incometaxes owed by service members who serve in combat zones. The Combat ZoneExclusion permits the exclusion of certain pay from income as the result of having servedin a combat zone or other qualifying service. This means that the amounts that qualifyfor the exclusion do not have to be reported as income on any tax returns thereby mak-ing those amounts “tax-free.” Under many circumstances, the military will automatical-ly adjust withholding to account for the Combat Zone Exclusion so that whoever pre-pares the income tax return will not need to make a separate adjustment to receive thetax-free treatment of qualifying income. However, service members may wish to have atax professional verify that this has been done correctly.

If a service member has served in a combat zone or performed other qualifying serviceduring part of anymonth, all of the military pay received for that month is excluded fromincome, subject to certain limits for commissioned officers.

A service member generally will be eligible for the Combat Zone Exclusion duringperiods in which any of the following apply:

› the service member was assigned on official temporary duty to acombat zone;

› the servicemember qualified for hostile fire or imminent danger pay whilein a combat zone or while performing other qualifying service;

› the service member became a prisoner of war or was missing in action;

› the servicemember was outside of a combat zone but served in direct sup-port of military operations in a combat zone; or

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› the service member was hospitalized as a result of wounds, disease orinjury incurred in a combat zone, except that the exclusion does not applyfor any month more than two years after the termination of combat activ-ities in the combat zone, as specified by the President.

Deductions and Credits

Medical CareAre expenses related to medical care deductible?

Yes. A wide variety of medical expenses may be deducted, including artificial limbs,wheel chairs, psychiatric care and therapy, long-term care, and many other expenses.However, deductions related to medical expenses are only permitted to the extent theexpenses exceed a certain percentage of an individual’s income. For a complete listing ofpermissible deductions, as well as the rules for whenmedical expense deductions may betaken and instructions on how to figure and report medical expense deductions, consultIRS Publication 502,Medical and Dental Expenses.

Disability-Related Home ModificationsCan expenses incurred in modifying a home to accommodate a disabilitybe deducted?

Generally, expenses incurred in modifying a home to accommodate a disability areconsidered medical expenses. Permanent improvements are deductible to the extentthat they do not increase the value of a service member’s home. In other words, thedifference between the cost of the improvement and the amount that the value of theproperty increased is the deductible medical expense. For example, if a service memberhad an elevator installed in her home at a cost of $8,000 and the elevator increasedthe value of the home by $4,500, he or she would have a deductible medical expenseof $3,500.

However, many common disability related improvements do not generally increasethe value of a property, and, in such a case, the full cost can be included as a medicalexpense. For a list of examples, see IRS Publication 502, Medical and Dental Expenses.Amounts spent to maintain disability-related homemodifications also qualify as medicalexpenses. Expenses incurred in modifying a home are subject to the same limitations ondeductions as other medical expenses.

Tax Credit for the DisabledIs there a federal tax credit for the disabled?

Yes, depending on their income, those service members who (1) are U.S. citizens orresidents, (2) have retired on permanent and total disability and (3) if under age 65,receive taxable disability benefits, may be eligible for a disability tax credit. It is impor-tant to note that because VA andDoD disability benefits are not taxable, these paymentscannotmake a servicemember eligible for a credit; he or she will need some other sourceof disability benefits.

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For the purposes of the disability tax credit, permanent and total disability means that aservice member cannot engage in substantial gainful activity. Substantial gainful activityinvolves the performance of significant duties over a reasonable period of time whileworking for pay or profit.

Taxable disability benefits must be paid under an employer’s accident or health planwhile a service member is away from work due to a disability. Taxable disability incomethat is not provided by an employer’s accident or health plan, like SSDI, cannot makeone eligible for the tax credit.

How does a service member claim the disability tax credit?

Individuals seeking to claim the disability tax credit must provide a physician’s statementcertifying that they are disabled with their tax return. Disabled service members cansubstitute VA Form 21-0172, Certification of Total and Permanent Disability, for thephysician’s statement. VA Form 21-0172 can be obtained from VA regional offices.

How is the amount of the credit determined?

Service members applying for the disability credit can either choose to calculate theamount of the credit themselves or have the IRS do so for them. Servicemembers wishingto calculate the credit themselves must complete Schedule R (if filing Form 1040) orSchedule 3 (if filing Form 1040A) of their tax return form. Alternately, service memberscan return the above forms with “CFE” printed on the dotted line next to line 49 on Form1040 or line 30 on Form 1040A and the IRS will figure their credit for them. For moreinformation on this credit see IRS Publication 524, Credit for the Elderly or the Disabled.

Employer/Employee Tax Credits and Deductions

Disabled Access CreditDo employers receive a tax credit for expenses related to accommodatinga disability?

Employers with 15 or more employees are required to comply with the Americans withDisabilities Act of 1990 (ADA) by making reasonable accommodations for employeeswith disabilities (see Chapter 9, Legal Rights, for more details on the ADA). This mayinclude physical modifications to make facilities wheelchair accessible or the purchase ofspecial equipment. The Disabled Access Credit was created to allow small businesses toreceive a tax credit for expenses incurred in making such accommodations in order tocomply with the ADA. For examples of permissible expenses see the Instructions to IRSForm 8826, Disabled Access Credit.

Impairment-Related Work ExpensesCan expenses incurred in helping a disabled service member perform his orher job be deducted?

Generally, yes. Any service member with a physical or mental disability that limitshis or her ability to be employed or substantially limits one or more major life activitiescan deduct impairment-related work expenses. Impairment-related work expenses are

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expenses that are necessary for a service member to be able to work, such as attendantcare services. Generally, to qualify as impairment-related, an expense must be (1)necessary for a disabled service member to perform their work satisfactorily, (2) notused for the service member’s personal activities, and (3) not be specifically coveredunder any other tax provision. An example of a qualifying expense would be a reader fora blind service member who assists the service member in doing his or her work, wherethe service member pays for the reader’s services. In this example, the service member ispermitted to deduct the cost of the reader.

Service members wishing to deduct impairment-related work expenses must completeIRS Form 2106, Employee Business Expenses, or 2106-EZ, Unreimbursed EmployeeBusiness Expenses.

Financial Assistance ProgramsIs disability pay received from the VA or the DoD taxable?

Generally, VA disability pay is not taxable. Under certain circumstances DoD disabilitypay is not taxable, including disability pay received by a service member as a result ofcombat related injury. This includes the Individual Unemployability (IU) Program andCombat-Related Special Compensation (CRSC). SeeChapter 4, DoD and VADisabilityCompensation for more information on these programs.

Are VA benefits (other than disability compensation) such as the Automobileand Special Adaptive Equipment grant, Specially Adapted Housing grantand Special Home Adaptations grant, taxable?

No. Benefits received from veterans’ programs administered by the VA are not taxable.These benefits are described in greater detail in the section titled “VADisability Benefits,”which can be found in Chapter 4, DoD and VA Disability Compensation.

Are TSGLI benefits taxable?

No. Benefits received from the Traumatic injury protection under Service Members’Group Life Insurance (TSGLI) are not subject to tax. TSGLI is discussed in greaterdetail in Chapter 1, Immediate Concerns and Family Travel.

Are Social Security Disability Insurance benefits taxable?

Not unless the service member has additional income. In such cases, Social SecurityDisability Insurance benefits are only subject to taxation where the service member’sadditional income exceeds a certain threshold amount.

Education and Employment BenefitsAre benefits received under the GI Bill or other VA-administeredprograms taxable?

Generally, benefits received under the GI Bill are not taxable and should not be reportedas income to the IRS. Benefits (whether monetary or services) received as a part of a VAadministered program, including VA Work-Study programs, the Transition AssistanceProgram, and the Employment Readiness Program, likewise should not be reported asincome to the IRS. However, there are certain limited exceptions. Please see IRSPublication 970, Tax Benefits for Education, for more information.

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Paying for Disability-Related Expenses with Retirement Funds

Individual Retirement Accounts (IRAs) and 401(k) PlansCan money be withdrawn from an IRA to pay for medical or disability-related expenses?

Generally, funds withdrawn from an Individual Retirement Account (IRA) beforethe age of 59½ are subject to a 10% penalty in addition to any applicable federalincome tax. However, there are exceptions to this rule, including the use of IRAfunds for otherwise deductible medical expenses or for use by an individual who hasbecome disabled.

Medical Expenses: Distributions from IRAs for deductible medical expenses (i.e.,medical expenses in excess of 7.5% of adjusted gross income) are not subject to the 10%penalty. For further information on what constitutes deductible medical expenses,consult IRS Publication 502, “Medical and Dental Expenses.”

Disability: Service members who become disabled before the age of 59½ and who areunable to engage in any substantial gainful activity because of the disability “incurred”are permitted to make withdrawals from an IRA without penalty. For these purposes, aservice member must furnish proof, generally certification from a physician, that he orshe cannot do any substantial gainful activity because of a disability.

Can money be withdrawn from a 401(k) account to pay for medical anddisability-related expenses?

The rules governing withdrawals from 401(k) accounts are similar to those governingIRAs; funds that are withdrawn from a 401(k) plan before age 59½ generally are subjectto a 10% early withdrawal penalty. However, as with IRAs, certain exceptions to the 10%early withdrawal penalty apply if the funds are used for otherwise deductible medicalexpenses or if the beneficiary of the account has become totally disabled.

Under the rules governing a specific 401(k) account, early withdrawals may bepermitted in the case of financial hardship. These rules, however, will vary from plan toplan, and, depending on the circumstances, a financial hardship withdrawal may besubject to the 10% early withdrawal penalty.

Depending on the type of 401(k) account, any withdrawal from the account may besubject to income tax in the year of the withdrawal. Please see the discussion below forthe U.S. federal income tax differences between traditional and Roth 401(k) accounts.

Because the rules and procedures governing withdrawals from a 401(k) account beforethe age of 59½ vary, a service member should speak with his or her plan administratorprior to making any 401(k) withdrawals.

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What are the U.S. federal income tax consequences of withdrawals fromtraditional IRAs/401(k) accounts and withdrawals from Roth IRAs/401(k) accounts?

Contributions to traditional IRAs and 401(k) accounts are not taxed at the time ofcontribution. Instead, funds withdrawn from such accounts are subject to U.S. federalincome tax at the time of withdrawal. In contrast, funds contributed to Roth IRAs and401(k) accounts are taxed at the time of contribution. Consequently, withdrawals fromRoth IRAs and 401(k) accounts are not subject to federal income tax. As a consequence,depending on the type of IRA or 401(k) account that a service member has, anywithdrawal from the account may be subject to tax at the time the withdrawal is made.

Regardless of the type of IRA or 401(k) account that a service member has, the 10%penalty for early withdrawal may apply unless the withdrawal qualifies for an exception tothe penalty, as discussed above with respect to IRA withdrawals under “Can money bewithdrawn from an IRA to pay for medical or disability-related expenses?” and with respect to401(k) withdrawals under “Can money be withdrawn from a 401(k) account to pay formedical and disability-related expenses?”or as discussed belowwith respect to special rules forreservists under “What are qualified reservist distributions and qualified reservist repayments?”

What are qualified reservist distributions and qualified reservist repayments?

Reservists and national guard members who were called to active duty betweenSeptember 11, 2001 and December 31, 2007 for a period of more than 179 days may beeligible to withdraw funds from IRAs and 401(k) accounts without paying the 10%penalty. These withdrawals are known as “qualified reservist distributions.” Thisexemption from the 10% penalty only applies if the withdrawal was taken betweenthe date of the call to active duty and the close of active duty. Qualified reservistdistributions may be taken for any reason.

Reservists and guard members who received a qualified reservist distribution before2006 and paid the 10% penalty may amend their previous tax returns to claim a refundof the penalty using an IRS Form 1040X.

In addition, reservists and guard members may be permitted to make “qualified reservistrepayments” in excess of normal contribution limits equal to the amount of any qualifiedreservist withdrawals. Such repayments can be made for up to two years after the activeduty period ends or until August 16, 2008.

Thrift Savings Plans (TSPs)Can money be withdrawn from a Thrift Savings Plan (TSP) account to payfor medical or disability-related expenses?

There are two principal ways to withdraw money from a TSP account to cover medicalexpenses. The appropriate method for a particular service member will depend on his orher specific circumstances.

Most service members can borrow against the contributions and earnings made to hisor her TSP account. These loans generally have no tax consequences. However, theloan must be paid back with interest. Payments usually take the form of payrolldeductions. Therefore, servicemembers who do not receivemonthly pay (i.e., reservistswith irregular training intervals) may not be eligible for TSP loans.

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Service members may also withdraw money from their TSP account under what isknown as a financial hardship withdrawal. Financial hardship withdrawals are discussedunder the section called “Thrift Savings Plan,” which can be found in Chapter 7,Miscellaneous Federal Benefits. Financial hardship withdrawals generally are subject to a10% penalty tax, in addition to the income tax on the withdrawal. However, this 10%penalty generally does not apply if the withdrawal is made because of a permanent andtotal disability or if the money is used to pay for deductible medical expenses that exceed7.5% of the service member’s adjusted gross income.

More information on Thrift Savings Plans is available at the TSP website, www.tsp.gov,or by calling the TSP Service Office toll-free at (877) 968-3778. Outside the U.S. andCanada, please call (404) 233-4400 (not toll-free).

Does Combat Zone Exclusion pay contributed to a TSP account receivedifferent tax treatment?

Yes. The 10% penalty does not apply to any portion of a distribution which representstax exempt contributions from pay earned in a combat zone. Also, Combat ZoneExclusion pay contributed to a TSP account is not taxable when withdrawn, unlikeregular pay. However, the interest earned on amounts contributed to a TSP accountthat were exempt from tax because of the Combat Zone Exclusion is taxable. If a servicemember receives a distribution from an account that has both Exclusion and non-Exclusion contributions, the distribution will be paid in the same proportions as theservice member’s Exclusion and non-Exclusion contributions.

Are taxes withheld from TSP account withdrawals?

Withdrawals from TSP accounts generally must be included in income. As a result,withdrawals are subject to withholding. See Tax Notice: Important Tax InformationAbout Payments from Your TSP Account, available at www.tsp.gov/cgi-bin/byteserver.cgi/uniserv/forms/octax92-32.pdf.

State and local taxes are not withheld fromTSPDistributions. However, the distributionsare reported by the IRS to the service member’s state of residence at the time of thepayment. Consequently, a service member generally will be required to pay state andlocal income taxes on the withdrawal unless an exception applies. Consult a state or localtax official or a tax advisor for more information.

Getting Additional Tax HelpWhere can additional tax information be obtained?

IRS Publication 910, IRS Guide to Free Tax Services, can be accessed via the IRS website,www.irs.gov, or ordered by calling (800) 829-3676. Service members may call(800) 829-1040 for help with tax questions. Service members may also visitTaxpayer Assistance Centers, which can be located by visiting www.irs.gov/localcontacts/index.html or looking in the phone book underUnited States Government,Internal Revenue Service.

Servicemembers and their families who are unable to resolve a problem through direct IRSassistance at the IRS’s toll-free number above should contact a Taxpayer Advocate bycalling toll-free (877) 777-4778, or visiting www.irs.gov/advocate/index.html. TheTaxpayer Advocate independently represents taxpayer interests and concerns with the IRS.

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CHAPTER 9: LEGAL RIGHTS

Introduction

A number of laws, both state and federal, exist to protect service members, their fam-ilies and disabled individuals. This chapter discusses four of the most important of thesefederal laws:

› Uniformed Services Employment and Reemployment Rights Act(USERRA) protects service members’ rights to take time off from work formilitary service and, in most cases, guarantees reemployment in positionsof equal seniority, salary and benefits when they return from active duty.

› Family and Medical Leave Act (FMLA) guarantees qualifying individualsup to 12 weeks of unpaid leave from work to recover from or seek treat-ment for a serious health condition, or to care for a family member with aserious health condition.

› Americans with Disabilities Act (ADA) provides protections againstdiscrimination for disabled individuals during the hiring process andin the workplace environment.

› Servicemembers Civil Relief Act (SCRA) affords service members anumber of benefits and protections including: the right to reinstatementof health care coverage upon return from active duty; interest rate caps onsome forms of debt; temporary relief from eviction; the right to terminatereal estate and automobile leases because of military service; and delay ofcertain court and administrative proceedings against service memberswhile they are away on military service.

This chapter provides an overview of each of these major federal laws, including briefdiscussions of some of the rules concerning eligibility for and claiming protections underthese laws. As these laws are complex, this section seeks to provide an overview andshould not be considered a substitute for consultation with a lawyer where an individualwishes to obtain the protections of these laws or where an individual believes his or herlegal rights may have been violated.

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The Uniformed Services Employment and ReemploymentRights Act (USERRA)

What rights does a disabled service member have with respect to an existingjob when called to active duty by the military?

The Uniformed Services Employment and Reemployment Rights Act (USERRA)generally guarantees service members the right to take time off from work to attend tomilitary duties and to return to their civilian employment upon completion of theirservice provided they meet four basic conditions: (1) providing advance written orverbal notice of active duty service or active duty for training service to their employer;(2) the cumulative length of absences from work for military service while at any singleemployer is less than five years; (see exceptions below); (3) returning to work orapplying for reemployment in a timely manner after conclusion of service; and(4) separation from service with an honorable or general discharge. USERRA also pro-hibits employers from discriminating against employees based on their membership orservice in the armed forces. If USERRA applies, the service member generally is entitledto return to a position that comes with the level of seniority and benefits he or she wouldhave reached if, without the military service, he or she would have been continuouslyemployed.

Who is eligible for USERRA reemployment protections?

USERRA protections apply to any person who is absent from work because of service inthe United States uniformed services and who meets the four conditions listed above.Under this law, virtually all employers, including the federal government, are required toreemploy service members in their previous positions or in positions of equal seniority,status and pay whenever possible. This includes Reservists andmembers of theNationalGuard activated by the federal government. Although USERRA does not apply toNational Guardsmen activated by their state, many states have laws that provide similarprotections. Note: USERRA does protect service members who take voluntarytours of duty. The USERRA also protects part-time jobs that are expected to lastindefinitely or for a significant period of time (i.e., non-temporary, part-time jobs).USERRA does not apply to independent contractors or self-employed individuals.

Is every employer required to rehire a disabled service member?

USERRA generally provides the same protections to disabled services members whomeet the four conditions listed above as nondisabled service members. However, anemployer is not obligated to reemploy the service member if the employer’s circum-stances have changed so drastically as to make reemployment impossible or unreason-able, if reemploying the disabled service member would impose a great hardship on theemployer or if the employment from which the service member left generally was for abrief nonrecurrent period with no reasonable expectation that it would continue indefi-nitely or for a significant period of time. In addition, the employer may not be requiredto return the disabled service member to the same position. Please see the discussionbelow under “Will the disabled service member have the exact same job he or she had before?”

The Employer Support of theGuard and Reserve (ESGR), anagency within the Office of theAssistant Secretary for Defensefor Reserve Affairs, is a greatresource for returningReservists and National Guardmembers with questions orconflicts concerning returningto work after completion ofservice. ESGR has trainedvolunteers available to respondto service members’ inquiriesabout USERRA. Servicemembers can reach ESGR at(800) 336-4590 or online atwww.esgr.com.

The Department of Laborprovides a helpful interactiveresource for employers andemployees to determine theirrights and responsibilitiesunder USERRA. Seewww.dol.gov/elaws/vets/userra/mainmenu.asp.

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How must the service member notify his or her employer before leaving formilitary service in order to have the right to reemployment upon return?

Notice may be either oral or written. Notice may be provided by the service member orby an official from his or her military unit. Ideally, service members should provide theiremployers with written notice as far in advance as possible. The service member maybe excused from the notification requirement if it would have been impossible orunreasonable for the service member (or the military unit) to inform his or heremployer. For example, if the service member was given less than 48 hours to report toduty, or attempted but was unable to get in contact with his or her employer, he or shemight be excused from providing notice.

What if the service member was away from work for military service longerthan five years?

There are many exceptions to the 5-year rule. Generally, if the service memberwas unable to be released from service through no fault of his or her own, the five-yearlimitation will not apply. This includes service members ordered to remain on activeduty because of a war or national emergency.

How quickly must a returning service member report back to his or herformer employer?

The time limit for a service member to report back to work or submit an application forreemployment after completing his or her service depends on the duration of themilitary service.

› Members with less than 30 days of service are required to report for theirfirst regularly scheduled shift that begins following an 8-hour rest periodafter they return home.

› Members who served for 31 to 180 days must submit an application forreemployment within 14 days of their return home.

› Members with over 180 days of service have 90 days to submit anapplication for reemployment.

The time limits are extended for disabled servicememberswho are allowedup to two addi-tional years for hospitalization and recovery, which can be further extended to accommo-date circumstances beyond the disabled service member’s control that make it impossi-ble or unreasonable to report within the two years. An application for reemploymentmay be oral or written, but it is advisable to apply in writing. An employer may requirethose returning from 31 days or more of service to provide documentation of their mili-tary service and eligibility for USERRA. Failure to report for work or submit a timelyapplication for reemployment does not result in an automatic loss of USERRA benefits,but it does mean that the employer is permitted to apply employer’s policies on unex-cused absences from work to the service member for the period beginning when theservice member was required to report for work or submit an application to the time heor she shows up or does submit the application.

For a complete list of theexceptions to the five-yearrule regarding unemploymentunder USERRA, seewww.nvti.cudenver.edu/userracd/Exceptions.htm.

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Will the disabled service member have the exact same job he or she hadbefore?

Under USERRA, the employer must make reasonable efforts to accommodate thedisabled service member’s disability and allow the disabled service member to return tothe position and salary that person would have reached if he or she had remainedcontinuously employed.

If the disabled service member is not qualified for his or her previous position due to hisor her disability, even with reasonable accommodation, then the service member mustbe employed in a position of equivalent seniority, status and pay. This applies so long asthe disabled service member is qualified for that position or could become qualified forthat position with reasonable efforts by the employer.

If the disabled service member is no longer qualified for either his or her former positionor a position of equal status and pay, the service member must be employed in a positionthat is a close approximation to the position in terms of seniority, status and pay.

Under USERRA, what happens to vacation days accrued prior to leaving formilitary service?

Service members may elect to use accrued paid vacation days in order to receive salaryduring an absence for military service. However, an employer cannot force a servicemember to use vacation days (or any other similar earned days) for military service. Anemployer is not required to allow service members to accrue additional vacation dayswhile absent for military service, unless the employer normally does so for employees onunpaid leaves of absence of similar duration.

What other rights does a service member have under USERRA, besides theright to reemployment?

USERRA provides that reemployed service members are entitled to the seniority, rightsand benefits they would have attained if they had remained continuously employed,such as health care and pension benefits. In addition, employers must provide servicemembers absent for military service with benefits they would normally provide toemployees on leave of absence or furlough. In addition, employers are required to makeavailable continued health insurance, subject to certain restrictions.

What are the requirements under USERRA for employers to continue toprovide health insurance to service members who have departed formilitary service?

Under USERRA, service members absent from work for military service have a right tocontinue their health insurance plans (including coverage for dependents) for up to 24months or for the duration of the military service (whichever is shorter). However, theservice member can be required to pay for the health insurance. If the military service isfor 30 days or less, the service member cannot be required to pay more than the normalemployee share of the insurance premium (i.e., the normal employee’s portion of thetotal payments made by the employer and employee for the insurance). If the militaryservice lasts more than 31 days, the service member may be required to pay the entirepremium (i.e., both the employer’s and employee’s portions) for the coverage, plus anadditional two percent. Service members electing to continue their health care coverageare responsible for informing their employers of their desire to do so in accordance with

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the requirements of their health plan administrator. Returning service members whofailed to make an election should ask their health plan administrator about policiesregarding retroactive reinstatement of coverage for the period of their absence.Immediate reinstatement of health care coverage upon return to work is mandatoryregardless of any failure to make an election or a denial of retroactive coverage.

How does a service member enforce his or her rights under USERRA?

As a practical matter, service members should keep a detailed file, including letters,records of oral conversations and other documentation regarding their military service,notice of leave and requests for reemployment. The first step in taking action is to gatherthe necessary information.

Before taking formal action, service members might seek assistance from theircommand, including asking someone to call or write to their employer and give notice ofUSERRA requirements. In addition, military legal assistance attorneys can adviseservice members of their rights under USERRA and help in preparing appropriatedocumentation, including the written request for reemployment. See Chapter 10, LegalAssistance, for more information on military legal assistance attorneys. A service mem-ber should make sure that a legal assistance attorney does not contact an employerdirectly, as this may disqualify him or her from representation by the Veterans’Employment and Training Services (VETS) division of the Department of Labor (seethe discussion below under “Can a service member file a private lawsuit under USERRA?”).

If a service member has not yet brought a private lawsuit, VETS will investigate andattempt to resolve complaints that an employer has violated USERRA. If the servicemember’s complaint is not successfully resolved by VETS, the service member mayrequest that his or her complaint be submitted to the office of the Attorney General ofthe United States for possible court action.

Please note that service members who are federal employees may seek assistance fromVETS, but must follow a different procedure to address unresolved complaints. Claimsagainst federal agencies must be brought before the Merit System Protection Board(MSPB), instead of a trial court. Also, instead of being represented by theAttorneyGeneral,service members may seek representation from the U.S. Office of Special Counsel (OSC),a federal agency that protects federal employees from prohibited personnel practices.

Can a service member file a private lawsuit under USERRA?

USERRA specifically grants the right to sue employers under the following conditions:(1) if the service member elects not to file a USERRA complaint with VETS; (2) ifVETS is unable to resolve the complaint; or (3) if the Attorney General decides not topursue a claim after receiving the service member’s complaint from VETS. The servicemembermay refuse representation by the Attorney General, but he or shemay not bringhis or her own private lawsuit while represented by the AttorneyGeneral. For informationon how to find and select a lawyer, please see Chapter 10, Legal Assistance.

Service members who are federal employees must follow a different procedure to file alawsuit against a federal agency. Instead of a trial court, federal employees must file acomplaint with the MSPB. A service member may not file a complaint with the MSPBwhile VETS is attempting to resolve his or her claim, or if he or she is already representedby the OSC.

Reserve Component servicemembers may seek assistancefrom ESGR by calling (800) 336-4590 or calling their local officelisted on the ESGR website,www.esgr.gov.

Visit www.osc.gov/userra.htmfor more information aboutfiling USERRA claims with theOSC. More information aboutthe MSPB is available atwww.mspb.gov.

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The Americans with Disabilities Act (ADA)What is the ADA?

The ADA is a federal civil rights law that prohibits discrimination based on a person’s dis-ability. TheADAprotects all peoplewith disabilities fromdiscrimination, not just disabledservice members and veterans. The primary purpose of the ADA is to prohibit workplacediscrimination and require employers tomake reasonable accommodations for employeeswith disabilities. Other parts of the ADA address disabled persons’ access to certain gov-ernment services and public accommodations, such as public transportation, public parksand recreational areas, sports stadiums and even state and local governmentwebsites. Thefollowing discussion will focus on a disabled individual’s workplace rights under the ADA.

Who is protected from employment discrimination under the ADA?

The ADA protects all disabled persons who are capable of performing a job whenreasonable accommodations are made. An employee or job applicant is considereddisabled if he or she has a physical or mental impairment that substantially limits one ormore major life activities, such as seeing, hearing, walking or performing manual tasks.The ADA may also apply to conditions such as epilepsy, HIV/AIDS, diabetes, specificlearning disabilities and other chronic conditions that limit major life activities. TheADA does not apply to minor, short-term conditions and illnesses. If an individual’sdisability or impairment is not obvious, he or shemay be required to provide proof of hisor her condition before an employer is required to make reasonable accommodations.

The ADA also protects two other categories of people who are not presently disabled.The first category includes those with a record of an impairment, such as someone witha history of cancer or a past mental illness. The second category includes those who donot have physically limiting impairments but are regarded (or treated by an employer)as having impairments. This may be the result of an employer’s concerns about co-workers’ or customers’ reaction to a condition, such as a disfiguring injury, that does notimpair an applicant’s ability to perform a job.

In addition, theADAcontains a provisionprohibitingdiscrimination against employees andjob applicants based on a relationship or association with a disabled individual, whether ornot they are themselves disabled. This provision covers a broad range of relationship,including individuals with disabled family members and those who do volunteer work withdisabled individuals (includingHIV/AIDS patients). An employer is not required tomakereasonable accommodations for or provide extra health benefits to such individuals basedon their associations, but the employermay notmake employment decisions based on suchrelationships or associations. For more information on the “association provision” of theADA, see the EEOCwebsite at www.eeoc.gov/facts/association_ada.html.

It is important to note that the ADA does not provide a hiring preference for a job orprovide a right to a job that the applicant is not qualified to perform. The law does notrequire employers to lower standards for quality, performance or productivity foremployees with disabilities when performing essential job functions. The ADA doesmake it illegal to discriminate against a disabled applicant on the basis of his or herdisability. In addition, the ADA prohibits employers from not hiring a disabledindividual on the basis that the applicant cannot perform the job when reasonableaccommodations would otherwise make performance possible.

For more information aboutthe ADA, including the otherprotections afforded by thelaw, please visit www.ada.gov.

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Does every employer have to comply with the ADA?

The ADA applies to all employers with 15 or more employees, including state and localgovernments, employment agencies and labor unions. In other words, small businessemployers are not required to comply with the ADA.

How does the ADA protect individuals with disabilities from discriminationduring the hiring process?

The ADA prohibits employers from discriminating against qualified individuals withdisabilities when making hiring, promotion, compensation and training decisions.

The ADA prohibits employers from asking questions about the nature and extent of anapplicant’s disability, but an employer can ask questions about the applicant’s ability toperform specific job functions. As noted above, an employer may require proof of adisabling condition where such condition is not obvious.

In addition, employers cannot require applicants to submit to a medical examination orinquiry before making a job offer. However, an employer may condition an offer oncompleting a post-offer medical examination, but only if this is required of all newemployees in a particular job category; and any reason for rescinding an offer based onsuch an inquiry or examination must be job-related and based on business necessity.The ADA does not prohibit testing for illegal drugs.

What changes are employers required to make in order to accommodate anemployee’s disability?

Employers are generally required to make “reasonable accommodations” for employeeswith disabilities. For example, the employer may have to make existing facilitiesaccessible (including adding wheelchair access); modify work schedules (includingallowing part-time shifts); acquire or modify equipment, change tests, training materialsor policies; and even restructure jobs by altering when or how a job function isperformed. The federal government provides certain tax benefits to assist employers inmaking reasonable accommodations for employees. Nevertheless, an employer may notbe required to make accommodations if they would require significant difficulty orexpense relative to the company’s overall resources. Such determinations are made on acase-by-case basis.

How can an individual enforce his or her rights against workplacediscrimination under the ADA?

Any individual who believes his or her rights under the ADA have been violated canbring an action against his or her employer. Bringing an action under the ADA is slightlymore complicated than bringing an action under USERRA. Before bringing a lawsuitunder the ADA, the individual must first file a complaint with the Equal EmploymentOpportunity Commission (EEOC) no more than 180 days after the violation hasoccurred. This periodmay be extended to 300 days if the charge is also covered by stateor local anti-discrimination law. Instructions for filing a complaint may be found on theEEOC website at www.eeoc.gov/charge/overview.charge.filing.html.

Once a complaint has been filed, the EEOC will usually conduct an investigation. Insome cases, the EEOC may offer mediation as an alternative to a lengthy investigation.If an EEOC investigation establishes that there was discrimination, the EEOC generally

For examples of what areconsidered “reasonableaccommodations” underthe ADA, seewww.eeoc.gov/policy/docs/accommodation.html.

For more information onemployment rights and otherrights under the Americanswith Disabilities Act, see thefollowing websites:

Equal Opportunity EmploymentCommission: www.eeoc.gov/

ADA Homepage:www.ada.gov

Disability.Info.gov:www.disabilityinfo.gov

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will attempt to settle the claim between the parties. If it is unable to resolve the claimbetween the parties, the EEOCmay decide to bring suit in federal court on behalf of thedisabled individual. In the event the EEOC’s investigation does not establish that therewas discrimination, or if the EEOC decides not to pursue a claim in federal court, it willissue a notice of “right to sue,” which allows the complaining party 90 days to file alawsuit. A complaining party also has the right to request a notice of “right to sue” fromthe EEOC 180 days after a charge was first filed with the Commission.

Remedies available for discrimination under the ADA may include back pay, front pay,hiring, promotion, reinstatement, reasonable accommodation, restored benefits,attorneys’ fees, expert witness fees and court costs. A court or the EEOCmay also awardadditional monetary damages in cases of intentional discrimination.

Are there state laws that protect a disabled service member’s rights in theworkplace?

Yes. Most states have laws that are similar to the USERRA and the ADA. Disabledservice members should be certain to check the laws of the state where they live, as somestates have laws that offer even more protection than the federal statutes. For example,as discussed above, the ADA applies only to employers that have 15 or more employees.State anti-discrimination laws often apply to employers with even fewer employees.

Taking Leave for Medical Care: The Family andMedical LeaveAct (FMLA)

What is the FMLA?

The FMLA is a law that guarantees unpaid leave from work to individuals with serioushealth conditions and to the family members who care for them. The FMLA allows“eligible employees” of “covered employers” to take up to 12 weeks of unpaid leave fromtheir jobs within a 12-month period because of a serious health condition or in order tocare for a close family member with a serious health condition.

An “eligible” employee is an employee who has worked for a covered employer for at least12months, working aminimumof 1,250 hours (not including paid or unpaid leave), and isemployed at a worksite with at least 50 employees within a 75mile radius of that worksite.

A “covered” employer is onewhohas employedmore than 50 employees during 20ormoreworkweeks in the current or preceding calendar year. Additionally, all public agencies aswell as public and private elementary and secondary schools are covered under the FMLA.

Family members who need time off from work to care for wounded service membersshould ask their supervisor, union representative or their employer’s human resourcesdepartment whether the FMLA applies to them.

A limited group of “key employees” may not be entitled to full reinstatementupon return from leave because of the critical role they serve within the employer’sorganization. Such “key employees” must be among the highest paid 10% of allemployees within a 75-mile radius of the employee’s worksite. Employers must notify keyemployees of their status and its consequences as soon as is practicable after the receiptof a request for leave and provide reasonable time in which to return to work if leavehas already commenced.

The U.S. Department of Justiceprovides information about allaspects of the ADA through atoll-free ADA InformationHotline, at (800) 514-0301(voice) or (800) 514-0383 (TTY).

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How does absence from work for military service affect eligibility forFMLA leave?

Under USERRA, absences for military service cannot disqualify an employee whootherwise would be eligible for FMLA leave. In determining eligibility, any person wholeaves a job for military service and is granted reemployment by the same employerunder USSERA is viewed as if he or she had worked regular hours during the period ofservice. Thus, each month of military service counts as a month towards the 12 monthsof employment requirement. An employee’s preservice work schedule is generally usedto calculate whether or not he or she meets the 1,250 hours of work requirement. Anyregular hours missed for military service are added to the number of hours actuallyworked in the 12-month period. For example, an employee who normally works 40 hourper week and misses eight weeks of work to serve is considered as having worked those320 hours (40 x 8) for purposes of FMLA eligibility.

Under what circumstances can an eligible employee take leave underthe FMLA?

The FMLA permits an employee to take leave from work under the followingcircumstances:

› the birth of a child of the employee;

› the placement with the employee of a child for adoption or foster care;

› when the employee is unable to work because of a serious healthcondition; and

› to care for a close family member (spouse, child or parent) with aserious health condition. It is this circumstance that is most pertinent tofamily members of wounded service members.

Close family members consist of parents (including foster and adoptive parents, but not“in laws”), spouses and children (including adopted and foster children).

NOTE: The FMLA only grants leave to the parents of a child over 18 years of age whenthe child is “incapable of self-care” because of “a mental or physical disability,” as definedby government regulations. A person is “incapable of self-care” if he or she needs activeassistance or supervision to provide daily self-care in three or more designated activities.The list of such activities includes grooming, bathing, dressing, eating, cooking, cleaning,shopping, taking public transportation and other basic tasks.

Does the FMLA provide for paid leave?

No, the FMLA only guarantees 12 weeks of unpaid leave during a 12-month period.However, an employee may elect, or an employer may require the use of accruedvacation days, sick days, personal days or other forms of paid leave as part of the 12weeks before granting additional unpaid leave. Once the employee exhausts all forms ofpaid leave, the FMLA guarantees additional unpaid leave until the 12-week limit hasbeen reached. Employees should inquire about whether their employer requires the useof accrued paid leave towards the 12 weeks of FMLA leave.

Detailed information about theFMLA is available on the U.S.Department of Labor website:www.dol.gov/esa/whd/fmla/.

For a basic overview of theFMLA, see the FMLA Fact Sheet:dol.gov/esa/regs/compliance/whd/whdfs28.htm.

Family members of woundedservice members should consulttheir supervisor, union repre-sentative, or employer’s humanresources department regard-ing their eligibility for FMLAleave.

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How does the FMLA protect job status and benefits?

For most employees, the FMLA guarantees the right to return to the same job or a jobwith identical pay, benefits and status. However, “key employees” (usually the highestpaid 10%) may not be entitled to full reinstatement upon return from leave because ofthe critical role they serve within their employer’s organization.

Must the 12 weeks of leave be taken all at one time?

No. The 12 weeks of FMLA leave need not be taken consecutively. An employee mightelect to take a reduced work schedule or an intermittent leave schedule.

How is the 12-month period determined?

Employers may elect to grant leave based on any of the following 12-month periods:

› the calendar year;

› any fixed 12-month leave year, such as a fiscal year or a year from the“anniversary” of the date the employee began work;

› the 12-month period from the date an employee first begins FMLA leave;or

› a “rolling” 12-month period starting backwards from the date an employ-ee uses FMLA leave.

Employees should inquire about their employer’s policy for determining the 12-monthperiod when planning to take FMLA leave.

Must an employer maintain health care coverage while an employee is onFMLA leave?

Yes. During FMLA leave an employer must maintain an employee’s health benefitscoverage under any group health plan. Employees on FMLA leave may be required topay their employee share of the health benefit premiums while on leave or upon returnto work.

When and how must an employee give notice of the intent to takeFMLA leave?

Except in extraordinary circumstances, an employee is expected to provide oral orwritten notice within one or two working days of learning of a need for leave. Suchnotice is generally required to be given at least 30 days prior to the first date of the FMLAleave, but there are exceptions when such notice is not practicable. An employee’sspouse, family member or other spokesperson may provide the notice on his or herbehalf if the employee is unable to do so personally.

An employee generally should provide oral notice (in person or via telephone) of his orher need to take leave. However, other forms of notice such as fax or email are alsosufficient. The employee does not need to mention the FMLA specifically (theemployer has the responsibility to designate the leave as FMLA leave, as discussedabove), but he or she must state the reason for the leave (serious illness, caring for awounded family member, etc.). The employer is expected to request any furtherinformation needed to determine if the employee qualifies for FMLA leave.

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The Department of Labor’sFMLA elaws advisor can helpindividuals determine theirrights under the FMLA. Visitwww.dol.gov/elaws/fmla.htm.

Individuals who wish to file acomplaint with the Departmentof Labor should contact thenearest office of the Wage andHour Division. To find yourlocal Wage-Hour Office, visitwww.dol.gov/esa/contacts/whd/america2.htm, or call(866) 4-US-WAGE((866) 487-9243).

Employers may require employees to comply with their usual procedures for requestingleave, but they cannot deny FMLA leave as long as timely oral or other notice is given.In any case, employees should do their best to comply with their employer’s policieswhenever they can.

What type of permission must an employee receive from an employer in orderto take leave under the FMLA?

It is an employer’s responsibility to designate leave as FMLA leave, and to give promptnotice of the designation to the employee. The employer must provide writtenconfirmation that the leave being taken is FMLA leave and should do so within oneor two business days after receiving notice of the need for leave. FMLA leave can bedesignated retroactively, but it can only be done so while the leave is in progress, orwithin two days of the employee returning to work at the end of the leave. Therefore, itis important for an employee who has not received written notification to confirm thedesignation of FMLA leave with his or her employer while the leave is still active.

What types of information may an employer request to verify an employee’sneed for FMLA leave?

Upon receipt of a request for leave, an employer may make certain inquiries and mayrequest medical certification to establish either that the employee’s medical conditionqualifies for FMLA or the employee is in fact needed to care for a family member,whichever is relevant.

It is important to note, however, that the employer does not have a right to see theemployee’s (or family member’s) medical records as part of the medical certification. Inany event, an employer must ask the employee’s permission prior to contacting theemployee’s health care provider when verifying the medical certification. In addition,such an inquiry may not seek additional information regarding an employee’s (or familymembers’) health. An employer who wants a second opinion may require an employeeto obtain additional medical certification at the employer’s expense.

If FMLA leave is sought because of a family member’s condition, an employer mayrequire the employee to provide reasonable documentation of family relationship, suchas a written statement from the employee, a court document or a child’s birth certificate.

An employer is also permitted to require that an employee provide periodic reports onhis or her status and plans to return to work.

Does the FMLA cover leave taken for physical therapy?

Yes. The FMLA permits employees to take leave for “continuing medical treatment bya health care provider,” which may include absences to attend physical therapy.

What happens if an employee needs more than 12 weeks of leave ina 12-month period?

An employer is not obliged to guarantee job protection beyond the 12-week limitwithin the set 12-month period.

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Does workers’ compensation leave, leave taken due to pregnancy andmaternity leave, count towards the 12 weeks of FMLA leave?

Yes. Leave for worker’s compensation, pregnancy and maternity leave may all becounted against an employee’s entitlement to 12 weeks leave under the FMLA, if theemployer designates them as such. Employees who have taken FMLA leave for any ofthese reasons during the past 12 months should take that into account when requestingfurther leave.

What if an employer refuses to grant an employee leave under the FMLA?

The FMLA makes it illegal for an employer to interfere with or deny the exercise of anyright guaranteed by the FMLA. In addition, it is forbidden for employers to discharge ordiscriminate against anyone who opposes practices that are illegal under the FMLA.Victims of FMLA violations may file a complaint with the Department of Labor or bringa suit against a covered employer who refuses to comply with the FMLA. See Chapter10, Legal Assistance, for more information on obtaining legal representation.

The Servicemembers Civil Relief Act (SCRA)What is the SCRA?

The SCRA is a federal law passed in 2003 that allows service members (and theirfamilies) to postpone or suspend certain civil obligations so that they can focus on theirmilitary service duties. The SCRA is an amendment to the Soldiers’ and Sailors’ CivilRelief Act, which was first passed during World War I. The following discussion willcover five of themain protections available to servicemembers returning from active duty:

› reinstatement of health insurance coverage after military service;

› interest rate caps on debt;

› temporary relief from eviction;

› termination of leases on real estate and automobiles; and

› delay of court and administrative proceedings.

The SCRA creates a number of other rights for active duty service members: exclusionof one’s period of military service from a statute of limitations (the time period in whicha service member has to take action to enforce legal rights); limits on creditors’ ability toforeclose on a service member’s mortgaged property (for example, a home) duringmilitary service and for the 90-day period directly thereafter; permitting service mem-bers to request deferment of certain life insurance premiums and other payments for theperiod of military service and two years afterwards; and the right to suspension of insur-ance coverage for professional liability (for example, malpractice insurance for lawyersand doctors) during military service as well as reinstatement of coverage after servicewithout an increase in premiums. For detailed information about these and other rightsunder the SCRA, visit www.uscg.mil/legal/la/topics/sscra/about_the_sscra.htm.

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How can a service member reinstate health insurance upon termination orrelease from service?

The SCRA guarantees that all service members ordered to active duty can reinstatehealth insurance policies that were in effect when their military service began, as long asthey ended at some point during military service. This provision allows self-employedindividuals to suspend coverage while on active duty and prevents insurance companiesfrom refusing to reinstate coverage because of “pre-existing” conditions that arose beforeor during service. The service member must submit a written request for reinstatementaccompanied by a copy of his or her orders and release from active duty within 120 daysof the end of military service for the SCRA protections to apply. Service members whoreturn to their prior employers are guaranteed reinstatement of employer providedinsurance by USERRA. Under both USERRA and the SCRA, conditions determined bythe VA to be disabilities incurred or aggravated bymilitary service may be excluded fromcoverage by the reinstated policy. Generally, the SCRA and USERRA prohibitemployers and insurance companies from subjecting reinstatement of health insuranceto a waiting period or an exclusion from coverage.

How does the SCRA affect interest rates on debt?

The SCRA creates a cap on the interest rate certain service members (and their spouses)must pay on debts incurred before military service. If a service member can show thatmilitary service has materially affected his or her ability to repay a loan taken beforeactive duty, any interest above 6% charged duringmilitary service must be forgiven. Thedisabled service member is not required to pay it.

The interest rate cap provided by SCRA applies to all service members except thosewhose ability to pay was not materially affected by their military service. Essentially, ifthe service member’s income was reduced or his or her expenses increased as a result ofthe military service, the interest rate cap should apply. However, in order to obtain thereduced interest rate, the service member must provide written notice to the creditoralong with copies of his or her orders for active duty within 180 days of the end of militaryservice. The SCRA also prevents creditors from accelerating principal payments, andrequires them to reducemonthly payments due in order to reflect the lower interest rate.Interest on debt incurred after entering active duty is NOT subject to the 6% cap.

Can a service member cancel a lease because of military service?

Under many circumstances, the SCRA permits a service member to cancel a lease due tomilitary service. For example, if a service member entered into a lease before enteringthe military service, the service member may cancel the lease by providing a copy of hisor her military orders. If the lease was entered into after the start of military service, theservice member can cancel the lease if he or she receives orders for a permanent changeof station (PCS) or deployment for more than 90 days. The SCRA generally applies toboth residential and business leases.

Can a service member be evicted if military service makes paying rentdifficult?

The SCRA may allow a service member to avoid eviction for a period of time (usuallythree months) if the service member can show that his or her ability to pay rent ismaterially affected by military service. In general, a landlord cannot evict a service

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member (or dependents of a service member) during military service without a courtorder. If the service member cannot pay rent because of military service, the court maydelay the eviction for 90 days or longer. The SCRA does not guarantee that a court willdelay eviction proceedings and does not excuse a service member from paying rent.Failure to pay rent may still result in both military and civilian legal consequences,including eviction. This provision only applies to personal residences for which themonthly rent is below a certain amount.

NOTE: Service members and their families who believe that military service hasmaterially affected their ability to pay rent should seek legal assistance right away; theyshould not simply stop paying rent. See Chapter 10, Legal Assistance, for information onobtaining legal representation.

Can a service member cancel a lease on a car due to military service?

Generally, yes, as the SCRA also applies to automobile leases. A service member maycancel an automobile lease entered into before military service if he or she is ordered toactive duty for 180 days or more. The same rule applies if a service member on activeduty leases a car and subsequently receives orders for a PCS outside the continentalUnited States or is ordered to deploy with amilitary unit formore than 180 days. As witha lease on a home, the service member must notify the owner of the automobile inwriting. The service member must also return the automobile to the owner within 15days of cancelling the lease.

How does the SCRA protect service members in court proceedings?

The SCRA provides for temporary suspension of court and administrative proceedingsbrought against servicemembers during their military service and for 90 days afterwards.Service members who cannot appear in court because of active duty, sickness or injurycan request in writing that the proceeding be postponed for 90 days or more.

In addition, the SCRA allows a service member to reopen a default judgment (i.e., ajudgment against the service member because he or she failed to appear) if it was issuedagainst the service member either while he or she was on active duty or during the 60days following his or her military service. To reopen a default judgment, the servicemember must apply to the court within 90 days of the end of military service and showthat his or her ability to make a defense was materially affected by military service, andthat he or she has a defense to at least some part of the action.

How does the service member enforce his or her rights under the SCRA?

In most cases, the protections offered by the SCRA are not automatic, and theyrequire some action on the part of the service member, such as sending a letter or othernotification to a landlord or creditor. Generally, notification must be sent within aspecified period of time after the end of the relevant military service. Any servicemember who believes his or her rights under SCRA have been violated, or believes thathe or she is entitled to protection under the SCRA, should seek legal assistance as soonas possible from a military legal assistance attorney or a civilian lawyer. See Chapter 10,Legal Assistance, for details on how to find and hire a lawyer.

The U.S. Coast Guard LegalAssistance website contains anexcellent summary of the SCRAand the protections it affords toservice members. Visitwww.uscg.mil/legal/la/topics/sscra/about_the_sscra.htm.

Military.com has an extensivedescription of the SCRA avail-able atwww.military.com/benefits/legal-matters/scra/overview.

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CHAPTER 10: LEGAL ASSISTANCE

Introduction

Service members and their families often have special legal needs related to their mili-tary service, benefits and employment rights. There are many resources available toassist them with a variety of legal issues that may arise, whether military-related or not.This chapter provides basic information on legal representation as well as tips on hiringand having discussions with a lawyer and information about the many legal resourcesavailable for members, including consultations with free military legal assistance attor-neys at the local JAG office, free civilian pro bono attorneys and paid civilian attorneys.

This chapter also contains specific information for veterans and their dependentsseeking assistance in filing VA claims and appealing VA findings. Many of the benefitsdescribed in this handbook require that potential recipients file applications with theirlocal VA office. If the applicant is denied benefits, or the level of benefits awarded isconsidered to be too low, he or she may be entitled to appeal the determination to theBoard of Veterans’ Appeals (BVA). BVA decisions can be reviewed by the U.S. Courtof Appeals for Veterans Claims (USCAVC). Numerous veterans service organizations(VSOs) have service officers stationed at local VA offices to provide information,counseling and assistance in the preparation of claims, and to provide representationduring appeals. This chapter describes the appeals process and provides contact infor-mation for a number of organizations who can provide assistance and representation toveterans and their dependents.

The Role of a LawyerThe Model Rules of Professional Conduct published by the American Bar Association(ABA), defines the role of the lawyer as that of an advisor, advocate, negotiator, andevaluator. The preamble to these rules includes the following passage:

As advisor, a lawyer provides a client with an informed under-standing of the client’s legal rights and obligations andexplains their practical implications. As advocate, a lawyerzealously asserts the client’s position under the rules of theadversary system. As negotiator, a lawyer seeks a result advan-tageous to the client but consistent with requirements ofhonest dealings with others. As an evaluator, a lawyer acts byexamining a client’s legal affairs and reporting about them tothe client or to others.

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Engaging a LawyerThe following are important issues that should be considered and raised when engaginga lawyer:

1. Understand the fees and costsOn initial contact with a lawyer, even before a first meeting, the client should ask thelawyer whether there is a fee for the initial consultation (the first visit with the lawyer),and if so, the amount of that fee.

At the firstmeetingwith a lawyer, the client should be prepared to discuss and ask questionsabout the legal problems or issues which created the need for the lawyer’s services.

If, after the first meeting, the client decides to hire the lawyer, he or she should ask for anestimated total cost for services. The client should understand from the first meetinghow much the lawyer will charge to handle the matter, which is known as the lawyer’sfees. Costs, as opposed to fees, are the expenses incurred to pursue the matter, such ascourt costs and filing fees if there are papers to be submitted to a court. Typically, theclient is responsible for these expenses as well.

The client should establish an understanding of the required legal fees as well as costs forthe action that the lawyer is going to take on his or her behalf. A lawyer may chargeon an hourly rate or work on a contingency fee basis, and he or she should fully explainthe reason for the fee. Before actually agreeing upon representation, the client shouldget an explanation of the fee in writing from the lawyer. Most lawyers will enter into awritten agreement listing the fees, other costs and the nature and extent of the lawyer’srepresentation. This agreement should be signed by both the client and the lawyer.Below is a description of the various types of fees:

Retainer fee – advance payment to the lawyer for a portion of his or her fee. This issimilar to a deposit and is typically required regardless of the type of fee arrangementultimately established. As an advance payment, the lawyer must return any unearnedamount to the client at the end of the representation.

Contingency fee – an agreed upon percentage of any money obtained for the clientthrough a settlement or verdict. Typically, fees range between 30% and 40% of therecovery plus the lawyer’s expenses, but clients are free to negotiate a different arrangement.There is no fee if the lawyer is unable to recover any money, though the clientmay stillowe costs.

Hourly fee – the lawyer’s hourly rate multiplied by the number of hours (or portion ofhours) spent on the case.

Fixed fee – a specific amount of money for a specific service.

Cost advance – periodic advance payment to the lawyer for on-going expenses.

Mixed fee – combination of contingency and hourly fees.

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2. Establishing that there is a legal problemThe client should fully explain the situation to the lawyer without leaving out any facts.Even if they relate to a sensitive subject, such facts could affect the advice given. Thelawyer is obligated to keep all information confidential even if the client decides not tohire the lawyer after the initial meeting. The client should also bring all papers ordocuments to the first meeting that may help explain the situation. The client should besure to discuss with the lawyer any practical solutions or nonlegal alternatives to theproblem as well as ask about all of the options available under the law.

3. Establishing that the lawyer is qualified to handle thelegal problemMany lawyers specialize in handling specific legal problems. The client should discusswith the lawyer how much experience the lawyer has in dealing with cases similar to theclient’s matter. If the lawyer expresses doubts about his or her competence to handle thematter, the client can ask for a referral to other lawyers who are familiar with similarcases. The client should also ask about the outcomes of other cases that the lawyer hashandled, as well as whether or not the anticipated fees and costs that have been quotedby the lawyer are consistent with the fees and costs charged in the other cases.

4. Establishing the length of time it will take to solve thelegal problemThe client should ask the lawyer how long it has typically taken to bring similar cases toa conclusion in the past. If the case involves issues more complex than the lawyer’sprevious cases, then it should be determined whether or not that will affect the expectedtime to resolve this case. The client should also ask if there are any legal time limitationswhich restrict the length of time available to bring an action in court, called a “statute oflimitations.” The length of statutes of limitations varies depending on the nature of thecase and the location of the action. The client should ask the lawyer what he or shebelieves to be the best- and the worst-case scenarios with regard to the amount of timethat the case will take. If there is no way to predict how long the matter might take, theclient should establish the reasons and find out if there is anything he or she can do tospeed up the process.

5. Establishing reasonable expectations for what can beaccomplishedThe client should ask the lawyer whether or not the facts presented in the first meetingprovide enough information for the lawyer to provide guidance as to the likely outcomeof any proposed legal action. The lawyer should explain the law as it relates to the case.If sufficient facts have been presented, the lawyer should also explain the range ofpossible and likely outcomes. It is extremely important that both the client and lawyerfully understand each other with regard to the results expected. This should play a bigpart in the ultimate decision of whether or not the cost and the time involved inpursuing the matter are worth the expected results.

There are a number of onlinedirectories that help put individ-uals in touch with lawyers whocan address their legal needs.The American Bar Associationprovides a state-by-state direc-tory of both paid and pro bonoreferral services on its website atwww.findlegalhelp.org.

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Obtaining Legal Assistance

Military Legal AssistanceDoes the military offer legal assistance?

Yes. The military offers free legal assistance to active duty and retired service members,including medically retired service members and their dependents, through legalassistance attorneys located in the Judge Advocate General (JAG) office on nearly everymilitary base. Because of the JAG’s expertise in military matters, this should often be thefirst place the disabled service member seeks legal assistance for military issues.

What is the role of a military legal assistance attorney?

Amilitary legal assistance attorney is a military or civilian Department of Defense lawyerwhose primary duty is to advise individuals eligible for military legal assistance abouttheir personal legal affairs. While the service is free, it is subject to resource constraintsand limited to certain issues, some of which are described below.

What are the qualifications of a military legal assistance attorney?

All military legal assistance attorneys, whether military or civilian, are graduates ofaccredited law schools and licensed to practice law in at least one state or U.S. territory.Nevertheless, it is not possible for any one attorney to have expertise in every area of thelaw in which an individual may need professional advice. One should ask a military legalassistance attorney about his or her experience and expertise, and the prospects for thematter, as discussed earlier in this section.

What types of legal services can a military legal assistance attorney provide?

For eligible persons, a military legal assistance attorney can:

Provide advice or representation about select areas of the law, such as:

› military Medical and Physical Evaluation Boards (MEBs and PEBs);

› family and domestic relations (including family support, adoption,custody, paternity and name changes);

› consumer affairs;

› taxes on real and personal property and income;

› landlord/tenant issues (including leases, inability to pay rent, securitydeposits and evictions); and

› immigration and naturalization;

and perform general legal services, such as:

› serving as advocate and counsel;

› preparing and signing correspondence on behalf of the client;

› negotiating with another party or that party’s attorney;

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› preparing legal documents;

› notarizing documents;

› drafting powers of attorney;

› drafting wills;

› drafting advance medical directives (living wills);

› offering estate planning advice;

› reviewing contracts and leases;

› offering some types of personal financial advice; and

› when necessary, referring eligible persons to a civilian lawyer.

Since there are restrictions on the types of services that a military legal assistance attorneycan provide, service members who wish to use the services of such an attorney shouldclearly state the type of services needed at the first meeting. As noted above, althoughthe areas of law and the legal services that these attorneys may be able toprovide appear broad, inmany instances resource constraints will make it difficult for theservice member to obtain the services of these attorneys.

Civilian Legal AssistanceAre there alternatives besides a military legal assistance attorney?

Individuals whose legal needs cannot be met by a military legal assistance attorneyor who are not eligible for a military assistance attorney should consider contacting acivilian attorney. Finding the right civilian attorney depends on the individual’s legalneeds and financial means.

Low Cost and Free Legal ServicesCan an individual obtain free legal services?

Sometimes. Legal Aid offices or pro bono legal services offer low cost or free legal help.Legal Aid offices are staffed with attorneys who offer assistance and expertise on issuesthat affect the poor. Pro bono legal services are often provided through local barassociations or private law firms by attorneys who donate their time to work for eligibleclients. Generally, these legal services are only available to those who are extremelyneedy. To be eligible for Legal Aid or pro bono legal assistance, an individual’s orfamily’s income typically must be around or below the federal poverty line.

The Legal Services Corporation (LSC), a private, nonprofit corporation established byCongress, provides certain types of legal services to individuals and families that meetlow income eligibility requirements. For more information on the types of cases LSChandles, eligibility, and local office locations, visit the LSC website at www.lsc.gov, call(202) 295-1500, or email info@lsc.gov.

.

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Are there any legal services specially available to service members andtheir families?

The American Bar Association’s Operation Enduring LAMP program provides legalservices to military service members and their families through a network of state andlocal bar associations. For more information about Operation Enduring LAMP and adirectory of participating bar associations, visit www.abanet.org/legalservices/helpreservists.

The Department of Labor’s Veterans’ Employment & Training Services (VETS) canassist veterans in bringing a legal claim under USERRA. See the Legal Rights section ofthis handbook for more information about USERRA.

There are also a number of veterans service organizations (VSOs) that can provideadvice and representation with respect to claims for VA benefits and appeals of deniedclaims. A full list of VSOs chartered by Congress and/or recognized by the VA for claimrepresentation is available at www1.va.gov/vso/index.cfm?template=view. See thepart of this section titled Assistance with Claims for VA Benefits for more informationabout VSOs.

Are there special legal services for disabled service members and veterans?

Yes. The Equal Employment Opportunity Commission (EEOC) can help all disabledindividuals with complaints under the ADA. More information about the ADA can befound in the “Legal Rights” chapter of this handbook. In addition, the American BarAssociation has a special commission devoted to mental and physical disability laws aswell as a directory of disability lawyers. Information on the commission is available atwww.abanet.org/disability or by calling (202) 662-1570. Most states offer similar legalresources for disabled individuals.

The Disabled American Veterans (DAV), a nonprofit organization of disabled servicemembers, also provides legal services for its members on legal matters related to disabilityissues, such as VA disability compensation, rehabilitation, education, employment andtraining programs as well as counseling and representation during the DES process.Information on the DAV is available at www.dav.org.

Full Fee Legal ServicesWhat if an individual does not qualify for free legal assistance?

Full fee legal services are provided by private civilian attorneys for individuals who donot qualify for free legal services.

How does one look for a civilian lawyer?

The most traditional route for finding a lawyer is to consult other people for a referral.Individuals may consider asking friends, teachers, employers, co-workers, relatives,neighbors and veteran support organizations. In addition, there are many legal referralservices available.

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How does a legal referral service work?

The traditional legal referral services organization provides a telephone number where“a representative” will ask the caller questions about his or her needs. This individualmost likely is not a lawyer. Based on the discussion, the person will provide contactinformation for one or more lawyers in the area who seem qualified to handle those legalneeds. Generally, there is no charge for legal referral services.

Assistance with Claims for VA BenefitsWhat is the process for claiming VA Benefits?

In general, veterans and their dependents must apply for benefits by submitting theappropriate VA forms and supporting documentation to their regional VA office. Oncean applicant submits a “plausible claim” for benefits, the VA is responsible for fullydeveloping the evidence, evaluating the claim and providing the claimant with notice ofits decision. See the previous sections of this handbook for information on specificbenefits and how to apply. A concise outline of all VA benefits is available online atwww.vba.va.gov/bln/21/summaryVAbenefits.pdf.

What can a veteran or his or her dependents do upon a denial of benefits or afeeling that the level of benefits granted is too low?

Generally, anyone who has applied for benefits and received a determination can appealthe VA’s complete or partial denial of a claim for benefits or the level of benefits grantedto the Board of Veterans Appeals. The most common types of appeals are by veteranswho were denied benefits for a disability they believe began in service, or who believetheir disabilities aremore severe than the VA rated them. Veterans and their dependentscannot appeal decisions concerning the need for medical care or any type of medicaltreatment, such as a physician’s decision not to prescribe a certain drug.

How much time does an applicant have to appeal VA decisions?

Generally, an applicant must appeal one year from the date the VA regional officemailedits determination to the applicant. In cases of simultaneously contested claims, inwhich more than one person is trying to claim a single benefit (for example, multipleclaimants for all of the proceeds from a service member’s life insurance policy), theapplicant must appeal within 60 days of the mailing date of the original VA decision.

How does a veteran or his or her dependents file an appeal of a VA decision?

Generally, an applicant can file an appeal by submitting a written Notice ofDisagreement (NOD) to the regional VA office that made the decision. TheNODmuststate that the applicant disagrees with a particular decision, and that he or she wantsto appeal.

Upon receiving the NOD, the VA must either change its decision or respond with aStatement of theCase (SOC). The SOC explains the reason for its denial of benefits andcontains a VA Form 9, Appeal to Board of Veterans’ Appeals.

If the applicant wants to continue to pursue the appeal, the applicant must then “perfectthe appeal” by completing and submitting the VAForm 9. The Form 9 is also sometimesreferred to a “Substantive Appeal.” By submitting the VA Form 9, the applicant is making

The following resources containgeneral information on theappeals process for VA benefits:

Veterans BenefitsAdministration:www.vba.va.gov

VA Pamphlet: How Do IAppeal?www.va.gov/vbs/bva/010202A.pdf

VA Pamphlet: Understandingthe Appeals Process:www.va.gov/vbs/bva/y2000.pdf

U.S. Court of Appeals forVeterans Claims:www.vetapp.uscourts.gov

National Organization ofVeterans Advocates:www.vetadvocates.com

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his or her appeal to the Board of Veterans’ Appeals (BVA). The deadline for submittinga VA Form 9 is either one year from the mailing date of the original decision or 60 daysfrom the mailing date of the SOC, whichever is later. In cases of simultaneouslycontested claims the VA Form 9 must be filed within 30 days of the mailing date ofthe SOC.

What type of information should an applicant include in a VA Form 9?

When submitting a VA Form 9, the applicant should carefully follow the instructions onthe Form. In accordance with these instructions, the applicant should include anyevidence or information thatmay help the BVA decide the case, such as records of recentmedical treatments or evaluations. In addition, the applicant should be careful toclearly state the benefit he or she wants, identify anything he or she disagrees with in theSOC, and state if he or she wants a personal hearing. The applicant should also identifyany issues in the SOC that he or she does not want to appeal. Withdrawing unnecessaryissues from the appeal may speed up the entire process.

If the applicant provides any new information or raises any new issues in the Form 9, theVAmay send a supplemental statement of the case (SSOC). This is like the SOC, but itaddresses the new information and issues submitted in the VA Form 9. If the applicantdisagrees with the SSOC, he or she has 60 days to submit a written response in order tocontinue the appeal as it pertains to any new issues covered in the SSOC.

Appealing to the VBA can be a complex process. The applicant is permitted, and maywant to consider, obtaining advice and representation before or during the appealsprocess. For more information, see the discussion below under “Who can providerepresentation for applicants seeking to file a claim for VA benefits or to appeal VAfindings to the BVA or the USCAVC?”

Do applicants have the right to a hearing?

Yes. Applicants may request two types of hearings: “regional office hearings” and “BVAhearings.” At both types of hearings, applicants may appear with a representative andmay present evidence and testimony regarding the claim. A regional office hearing takesplace before a hearing officer at the VA regional office. An applicant can contact the VAregional office to request such a hearing. A BVA hearing takes place before a memberof the BVA. An applicant can request a BVA hearing on the VA Form 9 or by filing aseparate written request with the BVA following the submission of a Form 9. BVAhearings can take place at the BVA office in Washington, D.C., at the regional office, orvia videoconference between the regional office and the BVA office. Videoconference isoften the quickest way to obtain a hearing with a BVA board member.

What are the possible outcomes of an appeal?

The BVA may decide a claim in three ways: allow the claim, deny the claim or remandthe claim to the regional VA office. When the BVA remands a claim, it is sent back to theregional VA office for additional development. This may occur because the BVA feels itdoes not have enough information to decide the case, and it wants the regional VA officeto do additional work on the case. After the additional work, the regional VA office willissue a new decision. If it denies the claim, the regional VA office will return the case tothe BVA for a final decision.

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What happens if an applicant disagrees with the BVA’s final decisionregarding a claim?

Applicants who disagree with the board’s final decision have several options:

Reopening: Applicants can request that the VA regional office reopen their case. Thisrequires “new andmaterial evidence” that was not on file when the BVA decided the case.

MotiontoReconsider: Applicants can also file a motion with the BVA to reconsider thecase. Motions to reconsider must show that the BVA made a mistake that caused theclaim to be decided wrongly. Mere disagreement with the VA’s decision is not sufficientgrounds to support a motion to reconsider.

CUE Motion: Applicants can move for reconsideration on the grounds that there was a“clear and unmistakable error” (CUE). CUE is a technical legal term, and CUEmotionsmust meet certain specific requirements. It is best to consult a qualified representativebefore bringing this type of motion.

Appeal to the U.S. Court of Appeals for Veterans Claims: The USCAVC is a federalcourt that provides independent review of BVA decisions. The court does not conducttrials, hear testimony or review new evidence; it only reviews the BVA decision, theadministrative record of the case and the briefs of the parties before it. Applicants mustappeal to the USCAVC within 120 days of the date the BVA decision was mailed to theapplicant. If an applicant files a motion to reconsider during the 120 days following theBVA decision, he or she will have 120 days from the denial of the motion to reconsiderto file an appeal with the USCAVC.

Do applicants for VA benefits have to be represented during the appealsprocess?

No. There is no requirement that applicants be represented during the process.However, having an experienced representative can make an important differenceduring the appeals process. A qualified representative can offer a great deal of knowledgeand expertise, help gather information and advocate on behalf of the applicant.Representatives do not have to be attorneys. See below for more information aboutobtaining representation during the appeals process.

Who can provide representation for applicants seeking to file a claim for VAbenefits or to appeal VA findings to the BVA or the USCAVC?

A number of veterans service organizations (VSOs) offer free assistance, advice andrepresentation to veterans and their dependents claiming VA benefits or submittingappeals to the BVA. Most VSOs provide assistance through service officers who areexperts in rules and procedures for claiming VA benefits and appealing decisions to theBVA. Service officers generally are not attorneys, and the range of services they canprovide is usually limited to matters involving VA benefits. Service officers may becertified to represent veterans and dependents before the USCAVC.

Veterans and dependents may hire an attorney to appeal a final decision of the BVA, butin most cases attorneys are not allowed to collect fees for services performed before theBVA issues a final decision. Therefore, attorneys generally cannot be retained to prepareand submit the NOD or VA Form 9, or to appear at a VBA or regional office hearingunless they are willing to perform such services free of charge.

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Additional ResourcesTo find the nearest military legal assistance office, use the legal assistance locater athttp://legalassistance.law.af.mil/content/locator.php.

For additional information on legal assistance for each branch of the military, visit thefollowing web addresses or write or call the relevant service branch:

AIR FORCEAir Force Legal Services Agency150 Chennault CircleMaxwell Air Force Base,AL 36112Phone: (334) 953-4179http://hqja.jag.af.mil/

ARMYUS Army Legal Assistance Policy Division, Client Services Branch1777 North Kent St., Suite 9001Rosslyn, VA 22209Phone: (703) 696-1477www.jagcnet.army.mil/Legal

COAST GUARD

Legal and Defense Services4200 Wilson Blvd., Suite 750Ballston, VA 22203Phone: (202) 493-1745www.uscg.mil/legal/la/

MARINE CORPSCommandant of the Marine Corps (JAL)HQMC2 Navy AnnexWashington, DC 20380Phone: (703) 614-1266, (703) 614-3880 or (703) 614-3886http://sja.hqmc.usmc.mil/

NAVY

Legal Assistance Division1322 Patterson Ave.,Suite 3000Washington Navy Yard,DC 20374Phone: (202) 685-4642www.jag.navy.mil/html/OJAGLegal%20AssistHome.htm

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The ABA’s Operation Enduring LAMP provides legal services to military servicemembers through a network of state and local bar associations. For more informationand a directory of bar associations providing help, see www.abanet.org/legalservices/helpreservists.

Additional information on legal services for military personnel and their families isavailable through the ABA’s standing committee on Legal Assistance for MilitaryPersonnel (LAMP) at www.abanet.org/legalservices/lamp/home.html.

Service members can submit USERRA complaints to VETS online at www.dol.gov/elaws/vets/userra/1010.asp or contact VETS at:

Office of the Assistant Secretary for Veterans’ Employment and TrainingInvestigation and Compliance Division

U.S. Department of Labor200 Constitution Ave., NW, Room S-1325Washington, DC 20210Phone: (202) 693-4731Fax: (202) 693-4755

Service members can contact the EEOC with any questions by letter, phone or email at:

U.S. Equal Employment Opportunity Commission1801 L St., NWWashington, DC 26507Phone: (800) 669-4000Fax: (703) 997-4890Email: info@ask.eeoc.govwww.eeoc.gov

A full list of VSOs chartered by Congress and/or recognized by the VA for claimrepresentation is available at www1.va.gov/vso/index.cfm?template=viewreport&Org_ID=28.

The following organizations advocate on behalf of veterans’ rights and can assistveterans both in filing claims for VA benefits and/or obtaining representation for appeals:

The American LegionThe American Legion’s Veterans Affairs and Rehabilitation (VA&R)program can provide advice and assistance to veterans, dependents andsurvivors applying for any federal or state benefits to which they may beentitled. The program employs a network of Department Service Officers(DSOs), who are available to answer questions and offer guidance andsupport to veterans filing claims with the VA.

Washington Office1608 K St., N.W.Washington, D.C. 20006Phone: (202) 861-2700Fax: (202) 861-2728www.legion.org

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American Veterans (AMVETS)AMVETS is a veterans service organization whose activities includecommunity service, legislative action on behalf of veterans and assistinghonorably discharged veterans and their dependents in obtaininggovernment benefits. AMVETS National Service Officers (NSOs)offer information, counseling and claims services on a variety of issuesincluding: disability compensation, hospitalization, pension, healthcare, education and other benefits. AMVETS NSOs can also providerepresentation with appeals and at VA hearings.

4647 Forbes Blvd.Lanham, MD 20706-4380Phone: (301) 459-9600Phone: (877) 726-8387Fax: (301) 459-7924Email: amvets@amvets.orgwww.amvets.org

Disabled American Veterans (DAV)DAV is a nonprofit organization of disabled service members thatprovides legal services for disabled veterans relating to disability issues,such as VA disability compensation, rehabilitation, education, employmentand training programs. DAV’s staff of highly trained National ServiceOfficers (NSOs) can assist in the preparation of claims, writing briefs andassembling evidence in support of claims. NSOs can representveterans and their families before the BVA and the USCAVC (thefederal court that hears appeals of all BVA findings).

3725 Alexandria PikeCold Spring, KY 41076Phone: (877) I Am A Vet (877-426-2838)(859) 441-7300www.dav.org

Military Order of the Purple Heart Service FoundationThe Foundation provides various services to veterans and their families,including veterans’ benefits experts at various VA facilities who canprovide advice and help with processing claims for VA benefits. TheFoundation also employs a full-time attorney who can representveterans before the USCAVC.

P.O. Box 49Annandale, VA 22003Phone: (703) 256-6139Fax: (703) 256-6142Email: phsf@purpleheartfoundation.orgwww.purpleheartfoundation.org

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National Association of County Veterans ServiceOfficers (NACVSO)NACVSO is an organization made up of local government employeesworking in county veterans offices in 28 states. County veterans serviceofficers can assist veterans claiming VA benefits in developing andprocessing their claims.

Email: webmaster@nacvos.orgwww.nacvso.org

National Veterans Legal Services Program (NVLSP)NVLSP offers training to attorneys and other veterans advocates andpublishes self-help guides for veterans seeking VA benefits. In addition,through their Veterans Consortium Pro Bono Program, NVLSP provideslegal representation to veterans and their families with appeals pendingbefore the USCAVC. The consortium handles appeals only;it doesn’t provide general legal advice or legal services related to claimspending before the VA.

P.O. Box 65762Washington, DC 20035Phone: (202) 265-8305Fax: (202) 328-0063Email: info@nvlsp.orgwww.nvlsp.org

Paralyzed Veterans of AmericaPVA is an organization dedicated to benefiting veterans with Spinal CordInjury/Disease. Their Veterans Benefits Department has a team ofNational Service Officers located in VA facilities nationwide who canassist veterans in all stages of claiming VA benefits as well as appealsbefore the BVA. In addition, the PVA website contains disability rightsinformation and resources for disabled veterans.

National Headquarters801 Eighteenth St., NWWashington, DC 20006-3517Phone: (800) 424-8200TTY: (800) 795-HEAR (4327)Health Care Hotline:(800) 232-1782Email: info@pva.orgwww.pva.org

Veterans Consortium Pro Bono Program (for court appeals only)

701 Pennsylvania Ave., NW, Suite 131Washington, DC 20004Toll-free: (888) 838-7727Phone: (202) 628-8164Fax: (202) 628-8169Email: mail@vetsprobono.orgwww.vetsprobono.org

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Veterans of ForeignWars of the United States of America (VFW)The VFW provides various services to assist service members and theirfamilies in obtaining benefits from the VA. VFW services officers canoffer advice to veterans handling their own VA claims, help them fill outVA benefit forms and prepare BVA appeals for denial of claims.The VFW also assists veterans in finding experienced attorneys torepresent them in court.

406 West 34th St.Kansas City, MO 6411124-hour Hotline: (800) VFW-1899 (839-1899)Phone: (816) 756-3390Fax: (816) 968-1149Email: info@vfw.orgwww.vfw.org

TheWoundedWarrior Project (WWP)WWP benefits counselors assist patients at their bedside at Walter ReedArmy Hospital and Bethesda Naval Medical Center in Washington, DC.WWP staff also makes regular visits to Brooke Army Medical Center inSan Antonio, Texas. WWP counselors can help wounded veteransidentify and access various government benefits that may be availableto aid in their transition back to civilian life.

7020 AC Skinner Pkwy.,Suite 100Jacksonville, FL 32256Phone: (904) 296-7350Fax: (904) 296-7347Email: info@woundedwarriorproject.orgwww.woundedwarriorproject.org

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CHAPTER 11: STATE RESOURCES

Introduction

In addition to the numerous federal benefits discussed throughout this handbook,most states have laws that provide special rights or benefits for veterans. The scope ofbenefits offered varies from state to state. These variations, which are often quitesignificant, affect both the type of the benefits provided and the qualifications necessaryto receive the benefits.

States generally have a veterans affairs office to provide information on, and helpindividuals receive, all of the benefits to which they are entitled. The NationalAssociation of State Directors of Veterans Affairs provides an online directory ofwebsites for state veterans administration offices at www.nasdva.com. Also, the currentcontact information for each state’s veterans affairs office, in addition to other importantstate-specific information, may be found in the pages that follow.

As discussed above, the full scope of benefits provided by states to veterans variesgreatly. For example, California offers special, below market interest rate home loansto qualified veterans (www.cdva.ca.gov/calvet/default.asp) and Oklahoma offers one-time emergency financial aid to veterans and their dependents who satisfy certaineligibility requirements (www.ok.gov./DDVA/Financial_Assistance/index.html).Therefore, including a complete summary of each state’s benefits in this handbook isnot practicable.

However, there are three sets of benefits that are commonly (although not universally)offered to veterans and, in some cases, certain of their dependents:

› education benefits (generally in the form of tuition reductions atpublic universities);

› real estate property tax reductions or exemptions (usually the amountof any reduction or exemption is based upon income levels or service-connected disability levels); and

› employment preferences for state civil service jobs (commonly applied as“preference points” to civil service exams and increased in the case ofservice-connected disabilities).

The following pages contain state-by-state websites and general information telephonenumbers for state health departments and state tax authorities. The state healthdepartment is provided as a resource for state medical and mental health careprograms, which may provide services to qualifying state residents, often regardless ofveteran status. The state tax authority websites are good starting points for obtaining tax

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ALABAMATaxDepartment of Revenue:(334) 242-1170www.ador.state.al.us/HealthDepartment of Public Health:(800) ALA-1818 (252-1818)www.adph.org/More Informationwww.va.state.al.us/laws.htm

ALASKATaxDepartment of Revenue:(907) 465-2300www.revenue.state.ak.us/HealthMental Health Board:(907) 465-8920www.hss.state.ak.us/amhb/More Informationwww.ak-prepared.com/vetaffairs/state_benefits.htm

ARIZONATaxDepartment of Revenue:(800) 352-4090www.azdor.gov/HealthDepartment of Health Services:(602) 542-1000www.azdhs.gov/More Informationwww.azdvs.gov/Departments/VSD/Veterans%20Guide.pdf

ARKANSASTaxDepartment of Finance & Administration:(800) 882-9275www.arkansas.gov/dfa/index.htmlHealthDepartment of Health & Human Services:(800) 482-8988www.healthyarkansas.com/More Informationwww.nasdva.com/arkansas.html

CALIFORNIATaxFranchise Tax Board:(800) 852-5711www.ftb.ca.gov/HealthDepartment of Health Services:(916) 445-4171www.dhs.ca.gov/More Informationwww.cdva.ca.gov/cdva/benefits.asp

COLORADOTaxDepartment of Revenue:(303) 238-SERV (7378)www.revenue.state.co.us/main/home.aspHealthDepartment of Public Health andEnvironment:(303) 692-2100www.cdphe.state.co.us/More Informationwww.dmva.state.co.us/viewpage.php?UGFnZUlEPTU

CONNECTICUTTaxDepartment of Revenue Services:(800) 382-9463www.ct.gov/drs/site/default.aspHealthConnecticut Department of Public Health:(860) 509-8000www.dph.state.ct.us/index.htmlMore Informationwww.dph.state.ct.us/index.html

DELAWARE

TaxDivision of Revenue:(302) 577-8200www.state.de.us/revenue/default.shtmlHealthHealth and Social Services:(302) 744-4700www.dhss.delaware.gov/dhss/More Informationwww.state.de.us/veteran/services.shtml

return forms and answers to many basic state tax questions, including state-specificbenefits available to veterans and veterans with disabilities. Certain state tax benefitsmay be offered to qualifying state residents, again regardless of veteran status. However,veterans are strongly encouraged to consult with a tax professional for advice about theirparticular situations.

State by State Resources

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FLORIDATaxFlorida Department of Revenue:(800) 352-3671http://dor.myflorida.com/dor/(must use “http”)HealthDepartment of Health:(850) 245-4444www.doh.state.fl.us/More Informationwww.floridavets.org/benefits/benefits.asp

GEORGIA

TaxDepartment of Revenue:(404) 417-4477www.etax.dor.ga.gov/HealthDivision of Public Health:(404) 657-2700www.health.state.ga.us/More Informationwww.sdvs.georgia.gov/00/channel_title/0,2094,26646926_26692185,00.html

HAWAII

TaxDepartment of Taxation:(808) 587-4242www.state.hi.us/tax/index.htmHealthDepartment of Health:(808) 974-6006www.hawaii.gov/health/More Informationwww.dod.state.hi.us/ovs/benefits.html

IDAHOTaxTax Commission:(800) 972-7660www.tax.idaho.gov/HealthAdult Mental Health Division:www.healthandwelfare.idaho.gov/portal/alias__Rainbow/lang__en-US/tabID__3461/DesktopDefault.aspxMore Informationwww.military.com/benefits/veteran-benefits/idaho-state-veterans-

ILLINOISTaxIllinois Department of Revenue:(800) 732-8866www.revenue.state.il.us/HealthDepartment of Public Health:(217) 782-4977www.idph.state.il.us/More Informationwww.state.il.us/agency/dva/vetben.htm

INDIANATaxIndiana Department of Revenue:(317) 233-4018www.in.gov/dor/HealthIndiana Department of Health:(317) 233-1325www.in.gov/isdh/index.htmlMore Informationwww.in.gov/veteran/sso/brochure/index.html

IOWATaxIowa Department of Revenue:(800) 367-3388www.state.ia.us/tax/index.htmlHealthIowa Department of Public Health:(515) 281-7689www.idph.state.ia.us/More Informationwww.legis.state.ia.us/lsadocs/IssReview/1995/IR21E.PDF

KANSASTaxDepartment of Revenue:(785) 368-8222www.ksrevenue.org/HealthDepartment of Health and Environment:(785) 296-1500www.kdheks.gov/More Informationwww.kcva.org/vb/

KENTUCKYTaxDepartment of Revenue:(502) 546-4581www.revenue.ky.gov/HealthDepartment for Public Health:(800) 372-2973www.chfs.ky.gov/dph/More Informationwww.kdva.net/benefitsbook.pdf

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LOUISIANATaxDepartment of Revenue:(225) 219-7462www.rev.state.la.us/HealthOffice of Public Health:(225) 342-9500www.dhh.louisiana.gov/offices/?ID=79More Informationwww.vetaffairs.com/state.html

MAINE

TaxRevenue Services:(207) 287-2076www.maine.gov/revenue/HealthDepartment of Health and Human Services:(207) 287-3707www.maine.gov/dhhs/index.shtmlMore Informationwww.maine.gov/dvem/bvs/benefits.htm

MARYLAND

TaxComptroller’s office:(410) 260-7980(800) MD-TAXES (638-2937)www.comp.state.md.us/default.aspHealthMental Health Division:(410) 402-8476www.dhmh.state.md.us/health/mentalhealth.htmMore Informationwww.mdva.state.md.us/index.html andwww.military.com/benefits/veteran-benefits/maryland-state-veterans-

MASSACHUSETTS

TaxDepartment of Revenue:Division of Local Services:(617) 626-2300www.mass.gov/dorHealthDepartment of Public Health:(866) 627-7968www.mass.gov/dph/More Informationwww.veteransinfo.net/Mass.html

MICHIGAN

TaxDepartment of Treasury:(517) 373-3200www.michigan.gov/treasury/HealthDepartment of Community Health:(517) 373-3740www.michigan.gov/mdchMore Informationhttp://elearn.mrs.state.mi.us/vr/vets/VBS-Booklet.pdf (must use “http”)

MINNESOTA

TaxDepartment of Revenue:(651) 296-3781www.taxes.state.mn.us/taxes/index.shtmlHealthDepartment of Health:(651) 201-5000www.health.state.mn.us/More Informationwww.mdva.state.mn.us/stateprgms.htm

MISSISSIPPI

TaxTax Commission:(601) 923-7000www.mstc.state.ms.us/HealthDepartment of Health:(866) 458-4948www.msdh.state.ms.us/More Informationwww.vab.state.ms.us/booklet.htm

MISSOURI

TaxDepartment of Revenue:(573) 751-4450www.dor.mo.gov/index.htmHealthDepartment of Health and Senior Services:(573) 751-6400www.dhss.mo.gov/More Informationwww.mvc.dps.mo.gov/State_Ben.htm#vp

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MONTANA

TaxDepartment of Revenue:(406) 444-6900www.mt.gov/revenue/default.aspHealthDepartment of Public Health & HumanServices:(406) 444-5622www.dphhs.mt.gov/More Informationwww.dma.mt.gov/mvad/functions/state.asp

NEBRASKA

TaxDepartment of Revenue:(800) 742-7474www.revenue.state.ne.us/HealthHealth and Human Services:(402) 471-2306www.hhs.state.ne.us/More Informationwww.vets.state.ne.us/index_html?page=content/benefits.html

NEVADA

TaxDepartment of Taxation:(775) 684-2000www.tax.state.nv.us/HealthHealth Division:(775) 684-4200www.health.nv.gov/More Informationwww.veterans.nv.gov/NOVS/Veterans%20Benefits.html

NEWHAMPSHIRE

TaxDepartment of Revenue Administration:(603) 271-2191www.revenue.nh.gov/index.htmHealthDepartment ofHealth and Human Services:(603) 271-8140www.dhhs.state.nh.us/DHHS/DHHS_SITE/default.htmMore Informationwww.military.com/benefits/veteran-benefits/new-hampshire-state-veterans-

NEW JERSEYTaxDivision of Taxation:(609) 292-6400www.state.nj.us/treasury/taxation/HealthDepartment of Health and Senior Services:(800) 367-6543www.state.nj.us/health/More Informationwww.state.nj.us/military/veterans/njguide/index.html

NEWMEXICO

TaxTaxation and Revenue Property TaxDivision:(505) 827-0885www.tax.state.nm.us/HealthDepartment of Health:(505) 827-2613www.health.state.nm.us/More Informationwww.dvs.state.nm.us/

NEW YORKTaxDepartment of Taxation and Finance:(800) 443-3200www.tax.state.ny.us/HealthDepartment of Health:(866) 881-2809www.health.state.ny.us/More Informationwww.military.com/benefits/veteran-benefits/new-york-state-veterans-benefits

NORTH CAROLINATaxDepartment of Revenue:(877) 252-3052www.dornc.com/forms/HealthDepartment of Health and Human Services:(800) 662-7030www.dhhs.state.nc.us/More Informationwww.doa.state.nc.us/vets/statebenefits.htm

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NORTH DAKOTA

TaxTax Department:(701) 328-2770www.nd.gov/tax/HealthDepartment of Health:(701) 328-2352www.health.state.nd.us/More Informationwww.nd.gov/veterans/benefits/

OHIO

TaxDepartment of Taxation:(800) 282-1780www.tax.ohio.gov/index.stmHealthDepartment of Health:(800) 411-4142www.odh.state.oh.us/More Informationwww.veteransaffairs.ohio.gov/benefits.htm

OKLAHOMA

TaxTax Commission:(405) 521-3160www.tax.ok.gov/HealthDepartment of Health:(405) 271-5600www.health.state.ok.us/More Informationwww.military.com/benefits/veteran-benefits/oklahoma-state-veterans-

OREGON

TaxDepartment of Revenue:(503) 378-4988www.oregon.gov/DOR/HealthDepartment of Human Services:(503) 945-5944www.dhs.state.or.us/dhs/publichealth/index.shtmlMore Informationwww.oregon.gov/ODVA/

PENNSYLVANIATaxDepartment of Revenue:(888) PATAXES (728-2937)www.revenue.state.pa.us/HealthDepartment of Health:(877) 724-3258www.dsf.health.state.pa.us/health/site/default.aspMore Informationwww.military.com/benefits/veteran-benefits/pennsylvania-state-veterans-

PUERTO RICOTaxSecretary of the Treasury:(787) 723-7085www.hacienda.gobierno.pr/HealthDepartment of Health:(787) 274-7676www.salud.gov.pr/More Informationwww.nasdva.com/puertorico.html

RHODE ISLANDTaxDivision of Taxation:(401) 222-1040www.tax.state.ri.us/HealthDepartment of Health:(401) 222-2231www.health.state.ri.us/More Informationwww.military.com/benefits/veteran-benefits/rhode-island-state-veterans-

SOUTH CAROLINATaxDepartment of Revenue:(803) 898-5709www.sctax.org/HealthDepartment of Health and EnvironmentalControl:(803) 989-3432www.scdhec.net/More Informationwww.govoepp.state.sc.us/va/benefits.html#prop_tax_home

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SOUTH DAKOTA

TaxDepartment of Revenue and Regulation:(605) 773-3311www.state.sd.us/drr2/revenue.htmlHealthDepartment of Health:(800) 738-2301www.state.sd.us/DOH/More Informationwww.state.sd.us/applications/MV91MVAInternetRewrite/default.asp?navid=11

TENNESSEETaxDepartment of Revenue:(800) 342-1003www.state.tn.us/revenue/HealthDepartment of Health:(800) 778-4123www.state.tn.us/health/More Informationwww.state.tn.us/veteran/benefitsstate.html

TEXASTaxComptroller’s Office:(800) 252-9121www.window.state.tx.us/HealthDepartment of Health:(888) 963-7111www.tdh.state.tx.us/More Informationwww.tvc.state.tx.us/#

UTAH

TaxTax Commission:(801) 297-6358www.tax.utah.gov/HealthDepartment of Health:(888) 222-2542www.health.utah.gov/More Informationwww.ut.ngb.army.mil/veterans/utah_veterans_benefits.pdf

VERMONTTaxDepartment of Taxes:(866) 828-2865www.state.vt.us/tax/HealthDepartment of Health:(804) 863-7200www.healthvermont.gov/More Informationwww.va.state.vt.us/Downloads/Brochure%20-%20State%20Benefits%20-%20WebVersion.pdf

VIRGINIATaxDepartment of Taxation:(804) 367-8031www.tax.virginia.gov/HealthDepartment of Health:(804) 864-7009www.vdh.state.va.us/More Informationwww.dvs.virginia.gov/statebenefits.htm

WASHINGTON

TaxDepartment of Revenue:(800) 647-7706www.dor.wa.gov/HealthDepartment of Health:(800) 525-0127www.doh.wa.gov/More Informationhttp://www.dva.wa.gov/veterans_benefits.html

WEST VIRGINIATaxTax Department:(304) 558-3333www.state.wv.us/taxdiv/HealthDepartment of Health and HumanResources:(304) 558-2971www.wvdhhr.org/bph/More Informationwww.wvs.state.wv.us/va/state_fed.htm

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WISCONSIN

TaxDepartment of Revenue:(608) 266-8641www.revenue.wi.gov/HealthDepartment of Health & Family Services:(800) 642-6552www.dhfs.wisconsin.gov/More Informationwww.dva.state.wi.us/benefits.asp

WYOMING

TaxDepartment of Revenue:(307) 777-7961http://revenue.state.wy.us/HealthDepartment of Health:(307) 777-7656http://wdh.state.wy.us/main/index.asp (must use “http”)More Informationwww.wy.ngb.army.mil/PAO/VetBenefitbook06.pdf

TABLE OF ACRONYMS ANDABBREVIATIONS

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ADA – Americans with Disabilities Act: a federal law that requires employers tomake reasonable accommodations for employees with disabilities and prohibitsdiscrimination against qualified individuals with disabilities when making hiring,promotion, compensation and training decisions. See Chapter 9, Legal Rights: TheAmericans with Disabilities Act.

ADME – Active Duty Medical Extension: a program that allows wounded reservists toremain on active duty (and receive active duty salary) during the disability evaluationprocess. See Chapter 1, Immediate Concerns.

AEA – Actual Expense Allowance: an allowance that, under special circumstances,permits family members to be reimbursed for actual and necessary expenses that exceedthe per diem allowance that otherwise serves as the maximum amount an individual willbe reimbursed when traveling under an invitational travel order. See Chapter 1,Immediate Concerns.

AMVETS – A service organization dedicated to working on behalf of the interests of veter-ans. AMVETS can represent honorably discharged veterans and their dependents inobtaining VA benefits. See Chapter 10, Legal Assistance.

BVA – Board of Veterans’ Appeals: a Department of Veterans Affairs (VA) panel thatreviews benefit claims determinations made by local VA offices and issues decisions onappeals. See Chapter 10, Legal Assistance: Obtaining Legal Assistance.

CHAMPVA – Civilian Health and Medical Program of the Department of VeteransAffairs: a VA health benefits program that shares the costs of certain health careservices and supplies for dependents of disabled veterans. See Chapter 5, Health Care.

CHCBP – Continued Health Care Benefit Program: a temporary health care planavailable to veterans and their families for the interim period between the end ofeligibility for military health benefits and the beginning of civilian health care coverage.See Chapter 5, Health Care.

COAD – Continuation on Active Duty: the program by which service members with15-20 years of service who become disabled as a result of combat may request to remainon active duty, even if found unfit by a PEB. Service members often use COAD as ameans of obtaining a longer length of service in order to receive higher retirement ben-efits. See Chapter 2, The Disability Evaluation System.

CONUS – The Continental United States, as opposed to OCONUS (OutsideCONUS).

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CRDP – Concurrent Retirement & Disability Payments: a DoD program that providesa gradual reduction, over a period of ten years, of the off-set a veteran must take onhis or her DoD pay when he or she is also receiving VA disability payments. CRDP isavailable to veteranswith at least 20 years of service and at least 50%disability ratings. SeeChapter 4, DoD and VA Disability Compensation: Concurrent Receipt Payments.

CRSC – Combat-Related Special Compensation: a DoD program that restores the fullamount of theVAdisability compensation for a qualifying injury (e.g., a combat injury) thatwould otherwise be offset by DoD disability benefits. CRSC is available to veterans withleast 20 years of service and a qualifying injury that is assigned a disability rating of at least10%. SeeChapter 4, DoD and VADisability Compensation: Concurrent Receipt Payments.

CUE – Clear andUnmistakable Error: an applicant to the Board of Veterans Appeals maymake amotion for reconsideration on the basis of a clear and unmistakable error, a technicalterm referring to a defined set of circumstances. See Chapter 10, Legal Assistance.

DAV – Disabled American Veterans: a nonprofit, veterans service organization that canrepresent veterans and their dependents in front of the VA and is focused on buildingbetter lives for disabled veterans and their families primarily by providing free assistancein obtaining government benefits and services. See Chapter 10, Legal Assistance.

DEA – Survivors’ and Dependents’ Educational Assistance Program: a VA program thatprovides education benefits to qualified dependents and survivors. See Chapter 6,Education and Employment Benefits: Education Programs for Service Members’ Families.

DEERS – Defense Enrollment Eligibility System: a computerized database containingrelevant personal information for military personnel, their families and others who areeligible for health care benefits from TRICARE. Service members are automaticallyregistered in DEERS. Family members must be registered in order to receive TRICAREbenefits. See Chapter 5, Health Care.

DES –Disability Evaluation System: a general term applied to the entire process themil-itary uses to determine whether injured service members are fit to continue active mili-tary service. The DES is a multistage process, and the results of a service member’s DESevaluation also affects his or her eligibility to receive DoD disability retirement benefits.See Chapter 2, The Disability Evaluation System.

DoD– Department of Defense: the department of the federal government responsiblefor coordinating and supervising all government agencies and activities directly relatedto the military and national security.

DSO – Department Service Officers of the American Legion: a veterans service organi-zation that can represent veterans and dependents in front of the VA. DSO officers areavailable to answer questions and offer guidance to veterans filing claims with the VA.See Chapter 10, Legal Assistance.

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EEOC – Equal EmploymentOpportunity Commission: the federal agency charged withending employment discrimination. Victims of discrimination can file a complaintagainst an employer with the EEOC. The EEOC conducts investigations, bringslawsuits against private employers on behalf of victims of discrimination and offermediation dispute resolution services. The agency also serves as an adjudicatory bodyfor claims against government agencies. See Chapter 9, Legal Rights.

ESGR – Employer Support of the Guard and Reserve: the DoD agency whose activitiesare aimed at promoting understanding and cooperation between reservists (and guardmembers) and their civilian employers. ESGR also assists in enforcing rights underUSERRA and reducing and resolving conflicts between reserve component membersand employers. See Chapter 9, Legal Rights: The Americans with Disabilities Act andChapter 10, Legal Assistance: Low Cost and Free Legal Services.

FMLA – Family andMedical Leave Act of 1993: a federal law guaranteeing certain workersunpaid leave from work in order to care for themselves or for certain family memberswho are seriously ill. See Chapter 1, Immediate Concerns; Chapter 9, Legal Rights.

GI BILL – Montgomery GI Bill: federal programs that provides monthly educationalassistance to military veterans, including reservists and members of the National Guard.See Chapter 6, Education and Employment Benefits: Montgomery GI Bill.

GWOT – Global War on Terrorism: injured reserve component service membersmobilized in the Global War on Terrorism may be eligible to receive their regularservice salary and benefits. See Chapter 1, Immediate Concerns.

IRA – Individual Retirement Account: a retirement plan account that provides certain taxadvantages. IRAs take two basic forms: traditional IRAs and Roth IRAs. See Chapter 8,Federal Tax Issues: Paying for Disability-Related Expenses with Retirement Funds.

ITO – Invitational Travel Order: official government orders authorizing travel byrelatives of seriously ill or wounded service members to enable the relatives to visitthe service members in military treatment facilities. ITOs often cover round triptransportation as well as meals, lodging and other incidental travel expenses.See Chapter 1, Immediate Concerns.

MEB – Medical Evaluation Board: The first formal stage of the disability evaluationprocess. The MEB evaluates the service member’s injury and ongoing treatment inorder to determine whether his or her injuries are severe enough to prevent continuedmilitary service. The termMEB or “medical board” is often used to refer to three differentthings: (1) the group of physicians who convene to evaluate the service member’sinjuries; (2) the “narrative summary” of the service member’s injuries dictated bythe board; or (3) the service member’s complete disability case file. See Chapter 2,The Disability Evaluation System: The Medical Evaluation Board.

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MGIB– See Table of Acronyms and Abbreviations: GI Bill.

MMRB – MOS Medical Retention Board: an administrative board before whichinjured service members must appear to request a change of MOS. See Chapter 2,The Disability Evaluation System: The Physical Evaluation Board.

MOS – Military Occupational Specialty: a service member’s job classification code ineither the Army or the Marine Corps. The Air Force uses a similar classification systemknown as the Air Force Specialty Codes (AFSC). The Navy uses the Navy EnlistedClassification (NEC) system. The DoD disability evaluation is based on ascertainingwhether a service member can continue in his or her current MOS. See Chapter 2,The Disability Evaluation System.

MRP – Medical Retention Processing: a program through which reserve componentservice members mobilized in support of the GWOT (Operation Enduring Freedom,Operation Iraqi Freedom, etc.) may remain on active duty pending evaluation ofan injury. MRP allows reservists and guard members to continue to receive theirregular active duty salaries during this period. See Chapter 1, Immediate Concerns.

NACVSO – National Association of County Veterans Service Officers: an organizationmade up of local government employees working in county veterans offices in 28 states.See Chapter 10, Legal Assistance.

NOD – Notice of Disagreement: the means by which an applicant for VA benefits canappeal a VA decision regarding benefits. See Chapter 10, Legal Assistance.

NSO –National Service Officer: a title used by both AMVETS andDAV for the officersof each organization that are dedicated to providing information, counseling on veteransbenefits and representation in front of the VA. See Chapter 10, Legal Assistance.

NVLSP –National Veterans Legal Services Program: offers training to attorneys and otherveteran advocates in the area of veterans’ claims. This nonprofit organization is dedicatedto training NSOs attorneys and veterans organizations on obtaining veterans benefits andrepresenting veterans and their dependents in front of the VA and in courts and publishesself-help guides for veterans seeking VA benefits. See Chapter 10, Legal Assistance.

OCONUS – Outside the continental United States (see CONUS).

PDRL – Permanent Disability Retirement List: a service member will be entitled todisability retirement pay when he or she is placed on either the PDRL or the TemporaryDisability Retirement List. See Chapter 4, DoD and VA Disability Compensation:Severance Pay and Disability Retirement Pay.

PEB – Physical Evaluation Board: the second formal phase of the Disability EvaluationSystem, the PEB evaluates a service member’s physical ability to continue in the militaryservice. See Chapter 2, The Disability Evaluation System.

PEBLO – PEB Liaison Officer: acts as a counselor and liaison for the service memberthroughout the disability evaluation process. See Chapter 2, The Disability EvaluationSystem.

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PVA – Paralyzed Veterans of America: a nonprofit veterans service organization dedicat-ed to serving the interest of veterans with spinal cord injury or disease and authorized torepresent veterans and their dependents in front of the VA. See Chapter 10, LegalAssistance.

REALifelines – Recovery and Employment Assistance Lifelines: a Department of Laborinitiative that provides injured and wounded service members and their families withaccess to a free career assistance network. See Chapter 9, Legal Rights.

REAP – Reserve Educational Assistance Program: a program that provides education assis-tance to reservists and National Guard members who were called up for at least 90 days ofactive duty since September 11, 2001. SeeChapter 6, Education and Employment Benefits.

Reserve Components – Includes the Army National Guard, the Army Reserve, theNavy Reserve, theMarine Corps Reserve, the Air National Guard, the Air Force Reserveand the Coast Guard Reserve.

S-DVI – Service-Disabled Veterans Life Insurance: Service members who are granted aservice-connected disability but are otherwise in good health may apply to the VA for upto $10,000 in life insurance coverage at standard insurance rates within two years fromthe date VA notifies the veteran that the disability has been rated as service-connected.See Chapter 7, Miscellaneous Federal Benefits: Service-Disabled Veterans Life Insurance.

SCRA – Servicemembers Civil Relief Act: a federal law that guarantees that all servicemembers ordered to active duty can reinstate health insurance policies that were in effectwhen their military service began, as long as they ended at some point during militaryservice. See Chapter 9, Legal Rights.

SGLI – Servicemembers Group Life Insurance: a government-sponsored life insuranceprogram for service members. See Chapter 1, Immediate Concerns.

SMC – Special Monthly Compensation: The additional monthly payments above andbeyond the basic VA disability compensation that are provided to eligible servicemembers who sustain particularly severe injuries, such as amputations, blindness andother severe traumas. See Chapter 4, DoD and VA Disability Compensation.

SOC – Statement of the Case: a response from the VA explaining its reasons for denialof benefits. See Chapter 10, Legal Assistance.

SSA – Social Security Administration: the government agency responsible for the SocialSecurity System. See Chapter 7, Miscellaneous Federal Benefits.

TAMP – Transitional Assistance Management Program: the temporary health careprogram provided through the VA after separation. See Chapter 5, Health Care.

TAP – Transition Assistance Program: a program that helps service members makethe initial transition from military service to the civilian workplace by providingemployment and training information within 12 months of separation or 24 months ofretirement. See Chapter 6, Education and Employment Benefits.

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TDRL – Temporary Disability Retirement List: the TDRL is for service members whoare found unfit due to a condition that is unstable enough to make any disability ratingpremature or who have been assigned an initial disability rating of 30% ormore but showthe possibility of recovering sufficiently over an extended period of time to be returnedto duty. See Chapter 2, The Disability Evaluation System.

TDY – Temporary Duty: A temporary assignment other than the normal billet, often atanother location and frequently with additional pay during the period.

TLD – Temporary Limited Duty: TLD is a specified period of limited duty. The TLDperiod is normally eight months and generally will not exceed a total of 16 cumulativemonths. See Chapter 2, The Disability Evaluation System.

TSGLI– Traumatic Servicemembers’ Group Life Insurance: an insurance program thatprovides qualified service members with up to $100,000 in the direct aftermath of aqualifying traumatic injury. See Chapter 1, Immediate Concerns.

TSP–Thrift Savings Plan: theTSP is a retirement savings planwith special tax advantagesfor federal government employees and service members. See Chapter 7, MiscellaneousFederal Benefits.

USAPDA –U.S. Army Physical Disability Agency: the central agency of the Army whichoversees the regional Physical Evaluation Boards.

USCAVC – U.S. Court of Appeals for Veterans Claims (formerly the U.S. Court ofVeterans Appeals): a federal court with jurisdiction to review findings of the Board ofVeterans Appeals (BVA).

USERRA – Uniformed Services Employment and Reemployment Rights Act: a federallaw that generally prohibits employers from discriminating against employees based ontheir membership or service in the armed forces and that, under certain circumstances,provides service members with the right to return to civilian jobs after military service.See Chapter 9, Legal Rights.

VA – Department of Veterans Affairs (formerly Veterans Administration): the federalagency responsible for administrating various government benefits available to veteransin areas such as health care, education, job training and financial assistance, disabilitybenefits and pensions.

VASRD – Veterans Administration Schedule for Rating Disabilities: the VA guidelinesthat list various medical conditions and degrees of severity and which is used to rateservice members from zero to one hundred percent disabled. See Chapter 2, TheDisability Evaluation System.

VETS – Veterans Employment and Training Services: a Department of Labor programthat oversees numerous programs designed to assist veterans in seeking jobs. SeeChapter 6, Education and Employment Benefits.

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VFW – Veterans of Foreign Wars of the United States: the VFW is a veterans serviceorganization dedicated to aiding service members and veterans in a variety of areasincluding educating veterans on available benefits and representing veterans in front ofthe VA. See Chapter 10, Legal Assistance.

VHA – Veterans Health Administration: the VHA, part of the VA, manages the VA’shealth care benefits and services. See Chapter 10, Legal Assistance.

VONAPP – Veterans Online Applications: VA website allowing applicants to submitdocuments online.

VR&E – Vocational Rehabilitation & Employment Services (sometimes referred to asVRES): a division of the VA, the VR&E helps qualified veterans with service-connecteddisabilities gain and maintain suitable employment. See Chapter 6, Education andEmployment Benefits.

VRA – Veterans Recruitment Appointment: Disabled veterans, recently separatedveterans and veterans who received an Armed Forces Medal or campaign orexpeditionarymedal may be eligible to receive a noncompetitive appointment to a job inthe competitive service, which after two years of satisfactory service may be converted toa permanent appointment. See Chapter 6, Education and Employment Benefits.

VSO – Veterans Service Organization: a VSO is an organization that is dedicated toadvancing the interests of service members, veterans and their dependents. Certain, butnot all, VSOs are authorized to represent veterans in front of the VA. These VSOs arealso known as “Chartered VSOs.” If a VSO is not authorized to represent veterans infront of the VA, they are called “non-Chartered VSOs.”

The Intrepid Fallen Heroes Fund

The Intrepid Fallen Heroes Fund is a leader in supporting the men and women of theArmed Forces and their families. Begun in 2000 under the auspices of the IntrepidMuseum Foundation, and established as an independent not-for-profit organization in2003, the Fund has provided close to $60 million in support for the families of militarypersonnel lost in service to our nation, and for severely wounded military personnel andveterans. These efforts are funded entirely with donations from the public, and hundredsof thousands of individuals have contributed to the Fund. 100% of contributions raisedby the Intrepid Fallen Heroes Fund go towards these programs; all administrativeexpenses are underwritten by the Fund’s Trustees.

From 2000 to 2005 the Fund provided close to $20 million to families of United Statesmilitary personnel lost in performance of their duty, mostly in service in Iraq andAfghanistan. The Fund provided unrestricted grants of $11,000 to each spouse and$5,000 to each dependent child; and $1,000 to parents of unmarried servicemembers.The payments were coordinated with the casualty offices of the Armed Forces, to ensureall families received these benefits. In 2005 federal legislation substantially increased thebenefits granted to these families. With that mission therefore accomplished, the Fundredirected its support toward the severely injured.

In January 2007 the Fund completed construction of a $40 million world-class state-of-the-art physical rehabilitation center at Brooke Army Medical Center in San Antonio,Texas. The “Center for the Intrepid” serves military personnel who have been cata-strophically disabled in operations in Iraq and Afghanistan, and veterans severely injuredin other operations and in the normal performance of their duties. The 60,000 squarefoot Center provides ample space and facilities for the rehabilitation needs of thepatients and their caregivers. It includes state-of-the-art rehabilitation equipment andextensive indoor and outdoor facilities.

With the Center for the Intrepid complete, the Fund’s Board of Trustees is currentlydetermining, in consultation with the Armed Forces and the Department of VeteransAffairs, the next area of need for our wounded military personnel and veterans that theFund will address.

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WHO WE ARE

TheWoundedWarrior ProjectMission: to raise awareness and enlist the public’s aid for the needs of severely injured servicemen and women, to help severely injured service members aid and assist each other, and toprovide unique, direct programs and services to meet their needs

The Wounded Warrior Project (WWP) exists to provide tangible comfort and supportto severely injured service members from the Global War on Terror as they transitionback to civilian life. Many of the injuries suffered by our wounded warriors are traumaticamputations, traumatic brain injuries (TBI), gunshot wounds, burns, and blast injuriesthat will retire these brave warriors from military service. WWP lets them know thatAmerica has not forgotten them or their sacrifices by bringing a message of hope for thefuture in their time of need.

WWP’s support begins just after injury. Transitional Care Packs are provided at overseeshospitals to offer immediate comfort during a warrior’s relocation to aU.S.military traumacenter. There they receive a full, signature WWP Backpack with comfort items andnecessities, benefits counseling, and family assistance, all to help them through theirinitial stages of rehabilitation. WWP helps to then speed rehabilitation and recoverythrough adaptive sports and recreation programs, raising patients’ morale andconfidence, exposing them to the endless possibilities of life after an injury. Finally, theWWP provides ongoing, lifelong assistance in the form of internship opportunities,employment programs, and an alumni network to further foster communication,support, and brotherhood between wounded warriors.

Lifelong support provided byWWP also includes representation before the Departmentof Veterans Affairs, bringing public attention to the needs of wounded service membersand advocating for regulatory and statutory changes beneficial to veterans, active dutyservice members, and their families. Most notably, WWP was instrumental in draftingand proposing the Wounded Warrior Bill signed by President Bush that createsinsurance that will pay severely wounded service men and women up to $100,000 upontheir admission to a stateside military hospital.

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Davis Polk &WardwellDavis Polk & Wardwell is a global law firm based in New York City. Its clients includemany of the world’s leading corporations and financial institutions. Davis Polk has morethan 600 lawyers in offices in New York, Menlo Park, CA, Washington, D.C., London,Paris, Frankfurt, Madrid, Hong Kong, Beijing and Tokyo.

In 2005, Davis Polk, in collaboration with the Intrepid Fallen Heroes Fund, publishedthe Handbook for Families of Deceased Service Members. That handbook is availableat http://www.fallenheroesfund.org/common/page.php?ref=familyinfo.

The following people at Davis Polk & Wardwell made substantial contributions tothis Handbook for Injured Service Members and Their Families:

Special AcknowledgmentsSpecial thanks goes to the Office of Seamless Transition of the Department ofVeterans Affairs. Without their help, this handbook would not be nearly as completeor as comprehensive.

David AlumbaughKenneth L. AndersonOsmar J. BenvenutoMiguel CampbellSarah M. CarleyVivian ChenLouise Y. ChoiJoseph J. CipollaJonathan M. ClarkLinda CoolJohn CrawfordPatrick CreaDharma BetancourtFrederickRichard GallinMelissa GlassWalter Goldenberg

David L. GuntonMatthew H. HawesMark HollowaySophia HudsonSonal JainEthan T. JamesHelen H. JamesZoran JovicJoshua KaplanPeter Abraham NelsonJulia NestorKenneth NielsenMichael NordtvedtJohn O'CallaghanCara OverstreetAaron PageKatherine CampbellPenberthy

Jonathan C. PentzienJeri PowellDowse Rustin, IVJulie SaranowMegan ScallyDavid SchoenAllington ScotlandShannon Rogers SimpsonMignon SmithJustin SommersKimberly SteefelGemma Chung SuhEve TeipelSam ValverdeZachary J. Zweihorn

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Notes

For more information about theIntrepid Fallen Heroes Fund,

please visitwww.fallenheroesfund.org

or call(800) 340-HERO

For more information about theWounded Warrior Project,

please visitwww.woundedwarriorproject.org

or call(904) 296-7350